WILLIAM DONALD SCHAEFER, Governor                            Ch. 609

(2) A PERSON WHO INITIALLY REFUSES TO TAKE A TEST MAY CURE
WITHDRAW THE INITIAL REFUSAL AND SUBSEQUENTLY CONSENT TO TAKE THE
TEST IF THE SUBSEQUENT CONSENT:

(I)       IS UNEQUIVOCAL;

(II)     DOES NOT SUBSTANTIALLY INTERFERE WITH THE TIMELY
AND EFFICACIOUS ADMINISTRATION OF THE TEST; AND

(III)    IS GIVEN BY THE PERSON:

1.        BEFORE THE DELAY IN TESTING WOULD MATERIALLY
AFFECT THE OUTCOME OF THE TEST; AND

2.        A. FOR THE PURPOSE OF A TEST FOR DETERMINING
ALCOHOL CONCENTRATION, WITHIN 2 HOURS OF THE PERSON'S APPREHENSION; OR

B. FOR THE PURPOSE OF A TEST FOR DETERMINING THE
DRUG OR CONTROLLED DANGEROUS SUBSTANCE CONTENT OF THE PERSON'S
BLOOD, WITHIN 3 HOURS OF THE PERSON'S APPREHENSION.

(2) (3) IN DETERMINING WHETHER A PERSON'S CONSENT TO TAKE A
TEST SUBSEQUENT TO PERSON HAS WITHDRAWN AN INITIAL REFUSAL CURES THE
INITIAL REFUSAL UNDER FOR THE PURPOSES OF PARAGRAPH (1) OF THIS
SUBSECTION, AMONG THE FACTORS THAT THE ADMINISTRATION SHALL CONSIDER
ARE THE FOLLOWING:

(I)       WHETHER THE TEST WOULD HAVE BEEN ADMINISTERED
PROPERLY:

1.        FOR THE PURPOSE OF A TEST FOR DETERMINING
ALCOHOL CONCENTRATION, WITHIN 2 HOURS OF THE PERSON'S APPREHENSION; OR

2.         FOR THE PURPOSE OF A TEST FOR DETERMINING THE
DRUG OR CONTROLLED DANGEROUS SUBSTANCE CONTENT OF THE PERSON'S
BLOOD, WITHIN 3 HOURS OF THE PERSON'S APPREHENSION;

(II)     WHETHER A QUALIFIED PERSON, AS DEFINED IN § 10-304 OF
THE COURTS ARTICLE, TO ADMINISTER THE TEST AND TESTING EQUIPMENT WERE
READILY AVAILABLE;

(III)    WHETHER THE DELAY IN TESTING WOULD HAVE INTERFERED
WITH THE ADMINISTRATION OF A TEST TO ANOTHER PERSON:

(IV)    WHETHER THE DELAY IN TESTING WOULD HAVE INTERFERED
WITH THE ATTENTION TO OTHER DUTIES OF THE ARRESTING OFFICER OR A
QUALIFIED PERSON, AS DEFINED IN § 10-304 OF THE COURTS ARTICLE;

(V)     WHETHER THE PERSON'S SUBSEQUENT CONSENT TO TAKE THE
TEST WAS MADE IN GOOD FAITH; AND

(VI)    WHETHER THE CONSENT AFTER THE INITIAL REFUSAL WAS
WHILE THE PERSON WAS STILL IN POLICE CUSTODY.

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