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2005 LAWS OF MARYLAND
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Ch. 495
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CHAPTER 495
(Senate Bill 650)
AN ACT concerning
Drunk and Drugged Driving - Test Refusal - Enhanced Criminal Penalties
FOR the purpose of providing for certain enhanced criminal penalties that may be
imposed if a person is convicted of certain alcohol- or drug-related driving
offenses and the trier of fact finds beyond a reasonable doubt that the person
knowingly refused to a take a certain test under certain circumstances;
requiring a police officer to advise a person of the enhanced criminal penalties
under this Act under certain circumstances; providing for certain procedures;
providing that an initial refusal to take a certain test that is withdrawn under
certain circumstances is not a refusal for certain purposes; defining a certain
term; and generally relating to certain enhanced criminal penalties for a
conviction of a violation of certain alcohol- or drug-related driving offenses if a
certain test is refused under certain circumstances.
BY repealing and reenacting, with amendments,
Article - Transportation
Section 16-205.1(b)(2) and (g)(1)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
BY repealing and reenacting, without amendments,
Article - Transportation
Section 16-205.1(l)(1) and 21-902(a), (b), (c), and (d)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
BY adding to
Article - Transportation
Section 27-101(x)
Annotated Code of Maryland
(2002 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Transportation
16-205.1.
(b) (2) Except as provided in subsection (c) of this section, if a police officer
stops or detains any person who the police officer has reasonable grounds to believe is
or has been driving or attempting to drive a motor vehicle while under the influence
of alcohol, while impaired by alcohol, while so far impaired by any drug, any
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