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VETOES
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H.B. 789
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1. The officer had reasonable grounds to believe that the
person had been driving or attempting to drive a motor vehicle on a highway or on
any private property that is used by the public in general in this State while under
the influence of alcohol, while impaired by alcohol, while so far impaired by any drug,
any combination of drugs, or a combination of one or more drugs and alcohol that the
person could not drive a vehicle safely, while impaired by a controlled dangerous
substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title;
2. The person refused to take a test when requested by the
police officer or the person submitted to the test which indicated an alcohol
concentration of 0.08 or more at the time of testing; and
3. The person was fully advised of the administrative
sanctions that shall be imposed, including the fact that a person who refuses to take
the test is ineligible for modification of a suspension or issuance of a restrictive
license under subsection (n)(l) or (2) of this section.
(c) (1) If a person is involved in a motor vehicle accident that results in the
death of, or a life threatening injury to, another person and the person is detained by
a police officer who has reasonable grounds to believe that the person has been
driving or attempting to drive while under the influence of alcohol, while impaired by
alcohol, while so far impaired by any drug, any combination of drugs, or a
combination of one or more drugs and alcohol that the person could not drive a vehicle
safely, while impaired by a controlled dangerous substance, or in violation of § 16-813
of this title, the person shall be required to submit, as directed by the officer, to a test
of:
(i) The person's breath to determine alcohol concentration;
(ii) One specimen of the person's blood, to determine alcohol
concentration or to determine the drug or controlled dangerous substance content of
the person's blood; or
(iii) Both the person's breath under item (i) of this paragraph and
one specimen of the person's blood under item (ii) of this paragraph.
(2) If a police officer directs that a person be tested, then the provisions
of § 10-304 of the Courts and Judicial Proceedings Article shall apply.
(3) Any medical personnel who perform any test required by this section
are not liable for any civil damages as the result of any act or omission related to such
test, not amounting to gross negligence.
(d) (1) If a police officer has reasonable grounds to believe that a person 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
combination of drugs, or a combination of one or more drugs and alcohol that the
person could not drive a vehicle safely, while impaired by a controlled dangerous
substance, or in violation of § 16-813 of this title, and if the police officer determines
that the person is unconscious or otherwise incapable of refusing to take a test, the
police officer shall:
- 4188 -
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