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Ch. 167
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2005 LAWS OF MARYLAND
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(II) However, a record or notation of a probation before judgment, or
a first offense of driving with an alcohol concentration of 0.08 or more under §
16-205.1 of this title, may not be received or considered by the courts until a plea of
guilty or nolo contendere is made by the defendant or a finding of guilty is made by
the court.
(3) These records or notations shall be made so that they are readily
available for consideration by the Administration of any license renewal application
and at any other suitable time.
(4) Accident reports and abstracts of court convictions pertaining to
driving an emergency vehicle, if received by a person who was driving an emergency
vehicle pursuant to the provisions of § 21-106 of this article, shall be segregated by
the Administration and shall be available only to the Administration.
(5) Except as provided in this section, an employee of the Administration
may not disclose any records or information regarding probation before judgment, or
a first offense of driving with an alcohol concentration of 0.08 or more under §
16-205.1 of this title.
(c) If a charge of a Maryland Vehicle Law violation against any individual is
dismissed by a court of competent jurisdiction, a record of the charge and dismissal
may not be included in the individual's driving record.
16-205.1.
(a) (1) (i) In this section, the following words have the meanings
indicated.
(ii) "Under the influence of alcohol" includes under the influence of
alcohol per se as defined by § 11-127.1 of this article.
(iii) "Specimen of blood" and "1 specimen of blood" means 1 sample
of blood that is taken, in a single procedure, in 2 or more portions in 2 or more
separate vials.
(iv) "Test" means, unless the context requires otherwise:
1. A test of a person's breath or of 1 specimen of a person's
blood to determine alcohol concentration;
2. A test or tests of 1 specimen of a person's blood to
determine the drug or controlled dangerous substance content of the person's blood; or
3. Both:
A. A test of a person's breath or a test of 1 specimen of a
person's blood, to determine alcohol concentration; and
B. A test or tests of 1 specimen of a person's blood to
determine the drug or controlled dangerous substance content of the person's blood.
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- 1032 -
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