WILLIAM DONALD SCHAEFER, Governor                         Ch. 164

resulting in the transportation of another person by emergency vehicle to a medical
facility a life threatening injury to another person to submit, under certain
circumstances, to a test to determine alcohol concentration of the person's blood or
breath; and generally relating to compulsory alcohol concentration tests of persons
involved in certain motor vehicle accidents.

BY repealing and reenacting, with amendments,
Article - Transportation
Section 16-205.1(c)
Annotated Code of Maryland
(1992 Replacement Volume and 1993 Supplement)

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

Article - Transportation

16-205.1.

(c) (1) If a person is involved in a motor vehicle accident that results in the
death of, OR A LIFE THREATENING INJURY TO, another person OR THE
TRANSPORTATION OF ANOTHER PERSON BY EMERGENCY VEHICLE TO A MEDICAL
FACILITY 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, while
under the influence of alcohol, while so far under the influence of any drug, any
combination of drugs, or a combination of one or more drugs and alcohol that the person
could not drive a vehicle safely, while under the influence of a controlled dangerous
substance, or in violation of § 16-813 of this title, the person shall be required to submit
to a test, as directed by the officer.

(2)     If a police officer directs that a person be tested, then the provisions of
§ 10-304 of the Courts and Judicial Proceedings Article shall apply.

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

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 2, 1994.

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