|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 496
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(IV) ADVISE THE PERSON OF THE ADDITIONAL CRIMINAL
PENALTIES THAT MAY BE IMPOSED UNDER § 27-101(X) OF THIS ARTICLE ON
CONVICTION OF A VIOLATION OF § 21-902 OF THIS ARTICLE IF THE PERSON
KNOWINGLY REFUSED TO TAKE A TEST ARISING OUT OF THE SAME CIRCUMSTANCES
AS THE VIOLATION.
(g) (1) An initial refusal to take a test that is withdrawn as provided in this
subsection is not a refusal to take a test [for the purposes of this section].
(1) (1) The determination of any facts by the Administration is independent
of the determination of the same or similar facts in the adjudication of any criminal
charges arising out of the same occurrence.
21-902.
(a) (1) A person may not drive or attempt to drive any vehicle while under
the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the
person is under the influence of alcohol per se.
(b) A person may not drive or attempt to drive any vehicle while impaired by
alcohol.
(c) (1) A person may not drive or attempt to drive any vehicle while he is so
far impaired by any drug, any combination of drugs, or a combination of one or more
drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the
person charged is or was entitled under the laws of this State to use the drug,
combination of drugs, or combination of one or more drugs and alcohol, unless the
person was unaware that the drug or combination would make the person incapable
of safely driving a vehicle.
(d) A person may not drive or attempt to drive any vehicle while the person is
impaired by any controlled dangerous substance, as that term is defined in § 5-101 of
the Criminal Law Article, if the person is not entitled to use the controlled dangerous
substance under the laws of this State.
27-101.
(X) (1) IN THIS SECTION, "TEST" HAS THE MEANING STATED IN § 16-205.1 OF
THIS ARTICLE.
(2) THE PENALTIES IN THIS SUBSECTION ARE IN ADDITION TO ANY
OTHER PENALTY UNDER THIS TITLE IMPOSED FOR A VIOLATION OF § 21-902 OF THIS
ARTICLE.
(3) IF SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, IF A PERSON IS
CONVICTED OF A VIOLATION OF § 21-902 OF THIS ARTICLE AND THE TRIER OF FACT
FINDS BEYOND A REASONABLE DOUBT THAT THE PERSON KNOWINGLY REFUSED TO
|
|
|
|
|
|
|
|
|
|
- 2900 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
