clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1989
Volume 771, Page 4654   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

VETOES

[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.

[(f)] (E) If at the time of testing [there was in the
person's blood] A PERSON HAS AN ALCOHOL CONCENTRATION OF 0.02
[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 with alcohol in the
defendant's blood.

[(g)] (F) If at the time of testing [there was in the
person's blood] A PERSON HAS AN ALCOHOL CONCENTRATION OF 0.02
[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 a defendant was driving in violation of § 16-113(b)
of the Transportation Article.

10-308.

The evidence of the [chemical] analysis does not limit the
introduction of other evidence bearing upon whether the defendant
was intoxicated or whether the defendant was driving while under
the influence of alcohol OR DRUGS OR BOTH.

10-309.

(a) (1) Except as provided in § 16-205.1(c) of the
Transportation Article, a person may not be compelled to submit
to [a chemical analysis] TESTS A TEST provided for in this
subtitle. Evidence of [chemical] A TEST OR analysis is not
admissible in a prosecution for a violation of § 21-902 of the
Transportation Article if obtained contrary to [its]

provisions OF § 16-205.1(B)(2)(II) AND (III) OF THE

TRANSPORTATION ARTICLE.

(2) No inference or presumption concerning either
guilt or innocence arises because of refusal to submit. The fact
of refusal to submit is admissible in evidence at the trial.

(b)  This subsection does not limit the provisions of the
vehicle laws regarding the consequences of refusal to submit to a
[chemical] test or tests.

(c)  Nothing in this section precludes or limits the
admissibility of evidence of [chemical] A TEST OR analysis in any
prosecution other than for a violation of § 21-902 of the
Transportation Article.

(d)  Nothing in this section precludes or limits
admissibility of evidence of [chemical] A TEST OR analysis which
is obtained as provided in § 16-205.1(c) of the Transportation
Article.

- 4654 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1989
Volume 771, Page 4654   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives