WILLIAM DONALD SCHAEFER, Governor                   Ch. 255

BY adding to

Article - Courts and Judicial Proceedings

Section 10-307(g)

Annotated Code of Maryland

(1984 Replacement Volume and 1987 Supplement)

BY repealing and reenacting, with amendments,

Article - Transportation

Section 16-205(a)(1), 16-205.1(a), (b)(2), and (d)(1),

16-205.2(a), 16-402(a)(24), 21-902(a),

26-202(a)(3)(i), and 26-404(f)(2)(i)

Annotated Code of Maryland

(1987 Replacement Volume)

BY repealing and reenacting, without amendments,

Article - Transportation

Section 27-101(k)
Annotated Code of Maryland
(1987 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

10-307.

(c)  If at the time of testing there was in the person's
blood more than 0.05 percent but less than [0.08] 0.07 percent by
weight of alcohol, as determined by an analysis of the person's
blood or breath, this fact may not give rise to any presumption
that the defendant was or was not intoxicated or that the
defendant was or was not driving while under the influence of
alcohol, but this fact may be considered with other competent
evidence in determining the guilt or innocence of the defendant.

(d)  If at the time of testing there was in the person's
blood [0.08] 0.07 percent or more by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be prima facie evidence that the defendant was driving
while under the influence of alcohol.

(e)  If at the time of testing there was in the person's
blood [0.13] 0.10 percent or more by weight of alcohol, as
determined by an analysis of the person's blood or breath, it
shall be prima facie evidence that the defendant was intoxicated.

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