Ch. 284

LAWS OF MARYLAND

(c)  (1) If a person is involved in a motor vehicle accident
that results in the death of 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 intoxicated [or],- while under the influence of alcohol,
WHILE UNDER THE INFLUENCE OF DRUGS OR DRUGS AND ALCOHOL, OR WHILE
UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS SUBSTANCE, the
person shall be required to submit to a [chemical] test OR
TESTS, as directed by the officer, [of the person's blood or
breath] to determine the alcohol [content] CONCENTRATION of the
person's blood OR BREATH OR DRUG CONTENT OF THE PERSON'S BODY.

(2)   If a police officer directs that a person's blood
[or], breath, URINE, OR OTHER BODY FLUIDS be tested for
alcohol OR DRUGS OR BOTH, then the provisions of § 10-304 of the
Courts and Judicial Proceedings Article shall apply.

(3)  Any medical personnel who perform any [test]
TESTS required by this section are not liable for any civil
damages as the result of any act or omission related to such
[test] TESTS, not amounting to gross negligence.

(d)  (1) If a police officer has reasonable grounds to
believe [an individual] A PERSON has been driving or attempting
to drive a motor vehicle while intoxicated [or], while under
the influence of alcohol, WHILE UNDER THE INFLUENCE OF DRUGS OR
DRUGS AND ALCOHOL, OR WHILE UNDER THE INFLUENCE OF A CONTROLLED
DANGEROUS SUBSTANCE, and if the police officer determines the
[individual] PERSON is unconscious or otherwise incapable of
refusing to take a [chemical] test OR TESTS for alcohol, the
police officer shall:

(i) Obtain prompt medical attention for the
[individual] PERSON;

(ii) If necessary, arrange for removal of the
[individual] PERSON to a nearby medical facility; and

(iii) If a [chemical] test for alcohol,
DRUGS, OR BOTH would not jeopardize the health or well-being of
the [individual] PERSON, direct a qualified medical person to
withdraw blood for [a chemical test] TESTS [for alcohol] to
determine the alcohol [content] CONCENTRATION OR DRUG CONTENT OR
BOTH of the [individual's blood] PERSON'S BODY.

(2) If [an individual] A PERSON regains
consciousness or otherwise becomes capable of refusing before the
taking of [a chemical test] TESTS to determine the alcohol

[content] CONCENTRATION OR DRUG CONTENT OR BOTH of the

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

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