WILLIAM DONALD SCHAEFER, Governor

(IV) If such timely and proper notice is given,
the test results are inadmissible without the testimony of the
technician.

(3) Failure to give timely and proper notice
constitutes a waiver of the defendant's right to the presence and
testimony of the technician.

10-307.

(a) (1) In a proceeding in which a person is charged with a
violation of § 388 OR § 388A of Article 27 or with driving or
attempting to drive a vehicle in violation of § 21-902 OR §
16-113(A)(2) of the Transportation Article, the amount of alcohol
in the person's breath or blood shown [in chemical] BY analysis
as provided in this subtitle is admissible in evidence and has
the effect set forth in subsections (b) through (e) of this
section.

(2) ALCOHOL CONCENTRATION AS USED IN THIS SECTION
SHALL BE MEASURED BY:

(I)  GRAMS OF ALCOHOL PER 100 MILLILITERS OF
BLOOD; OR

(II)  GRAMS OF ALCOHOL PER 210 LITERS OF BREATH.

[(b) If there was in the person's blood at the time of
testing 0.05 percent or less by weight of alcohol AN ALCOHOL
CONCENTRATION OF 0.05 OR LESS, as determined by an analysis of
the person's blood or breath, it shall be presumed that the
defendant was not intoxicated and that the defendant was not
driving while under the influence of alcohol.]

[(c)] (B) If at the time of testing [there was in the
person's blood] A PERSON HAS AN ALCOHOL CONCENTRATION OF [more
than 0.05 percent but] less than 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)] (C) If at the time of testing [there was in the
person's blood] A PERSON HAS AN ALCOHOL CONCENTRATION OF 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)] (D) If at the time of testing [there was in the
person's blood] A PERSON HAS AN ALCOHOL CONCENTRATION OF 0.10

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