Ch. 498

1995 LAWS OF MARYLAND

(b)     If at the time of testing a person has 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)     If at the time of testing a person has an alcohol concentration of more than
0.05 but less than 0.07, 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)     If at the time of testing a person has an alcohol concentration of AT LEAST
0.07 [or more] BUT LESS THAN 0.10, 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) If at the time of testing a person has an alcohol concentration of 0.10 or more,
as determined by an analysis of the person's blood or breath, it shall be prima facie
evidence that the defendant was driving while intoxicated.]

[(f)] (E) If at the time of testing a person has an alcohol concentration of 0.02 or
more, 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 a person has an alcohol concentration of 0.02 or
more, 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.

Article 27 - Crimes and Punishments

388A.

[(a) In this section "intoxicated" and "under the influence of alcohol" have the
same meanings as indicated in and are subject to the same presumptions and evidentiary
rules of § 10-307 of the Courts Article regarding intoxication and being under the
influence of alcohol under the vehicle laws of this State.]

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "INTOXICATED PER SE" MEANS AN ALCOHOL CONCENTRATION AT
THE TIME OF TESTING OF 0.10 OR MORE AS MEASURED BY GRAMS OF ALCOHOL PER
100 MILLILITERS OF BLOOD OR GRAMS OF ALCOHOL PER 210 LITERS OF BREATH.

(3)     "UNDER THE INFLUENCE OF ALCOHOL" HAS THE MEANING
INDICATED IN AND IS SUBJECT TO THE SAME PRESUMPTIONS AND EVIDENTIARY
RULES OF § 10-307 OF THE COURTS ARTICLE REGARDING DRIVING WHILE UNDER
THE INFLUENCE OF ALCOHOL UNDER § 21-902(B) OF THE TRANSPORTATION
ARTICLE.

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