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Session Laws, 1986
Volume 768, Page 1428   View pdf image
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1428                                        LAWS OF MARYLAND                                    Ch. 369

(d) (1) If a police officer has reasonable grounds to
believe an individual has been driving or attempting to drive a

[motor] vehicle while intoxicated or , while OR WHILE under the
influence of alcohol, OR IN VIOLATION OF AN ALCOHOL RESTRICTION,
and if the police officer determines the individual is
unconscious or otherwise incapable of refusing to take a chemical
test for alcohol, the police officer shall:

(i) Obtain prompt medical attention for the
individual;

(ii) If necessary, arrange for removal of the
individual to a nearby medical facility? and

(iii) If a chemical test for alcohol would not
jeopardize the health or well-being of the individual, direct a
qualified medical person to withdraw blood for a chemical test
for alcohol to determine the alcohol content of the individual's
blood.

(2) If an individual regains consciousness or
otherwise becomes capable of refusing before the taking of a

chemical test to determine the alcohol content of the

individual's blood, the police officer shall follow the procedure
set forth in subsection (b) or (c) of this section.

(e) (1) The chemical tests for alcohol may be administered
by an individual who has been examined and is certified by the
Maryland State Police as sufficiently equipped and trained to
administer the tests.

(2) The Maryland State Police may adopt rules and
regulations for the examination and certification of individuals

trained to administer chemical tests for alcohol.

(f) (1) On receipt of the sworn statement of a police
officer filed under subsection (b) or (c) of this section, the
Administration shall give reasonable notice to the driver, in
accordance with Title 12, Subtitle 2 of this article, to attend a
hearing on a date specified in the notice and show cause why the
driver's license or privilege to drive should not be suspended.

(2)  The Administration shall set the hearing for a
date within 30 days of the driver's detention. However, the
hearing may be held at any other time on agreement of the driver
and the Administration.

(3)  At the hearing, the driver may present evidence
about the driver's refusal to take the test and may be
represented by an attorney.

L

F

(4)  After the hearing, the Administration shall
suspend the driver's license or privilege to drive if the
Administration determines that the driver was charged as set
forth in subsection (b) or (c) of this section and refused to

 

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Session Laws, 1986
Volume 768, Page 1428   View pdf image
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