PARRIS N. GLENDENING, Governor                          H.B. 1024

(d) A person may not drive or attempt to drive any vehicle while he is under the
influence of any controlled dangerous substance, as that term is defined in Article 27, §
279 of the Code, if the person is not entitled to use the controlled dangerous substance
under the laws of this State.

27-101.

(a) It is a misdemeanor for any person to violate any of the provisions of the
Maryland Vehicle Law unless the violation is declared to be a felony by the Maryland
Vehicle Law or by any other law of this State.

(c) Any person who is convicted of a violation of any of the provisions of the
following sections of this article is subject to a fine of not more than $500 or
imprisonment for not more than 2 months or both:

(22)   § 21-902(b) ("Driving while under the influence of alcohol");

(23)   § 21-902(c) ("Driving while under influence of drugs or drugs and
alcohol");

(24)   § 21-902(d) ("Driving while under influence of controlled dangerous
substance"); or

(f) (1) Any person who is convicted of a violation of any of the provisions of §
14-103 of this article ("Possession of motor vehicle master key"), or of a second or
subsequent violation of any of the provisions of § 16-101 of this article ("Drivers must be
licensed") or § 21-902(b) of this article ("Driving while under the influence of alcohol")
is subject to a fine of not more than $500 or imprisonment for not more than 1 year or
both.

(2) For the purpose of second or subsequent offender penalties for a
violation of § 21-902(b) of this article provided under this subsection, a prior conviction
of § 21-902(a) of this article ("Driving while intoxicated") shall be considered a
conviction of § 21-902(b) of this article.

(j) (1) In this subsection, "imprisonment" includes confinement in an inpatient
rehabilitation or treatment center.

(2)     A person who is convicted of a violation of § 21-902(a) of this article
within 3 years after a prior conviction under that subsection is subject to a mandatory
minimum penalty of:

(i) Imprisonment for not less than 48 consecutive hours; or

(ii) Community service for not less than 80 hours.

(3)     The penalties provided by this subsection are mandatory and are not
subject to suspension or probation.

(k) (1) Any person who is convicted of a violation of any of the provisions of §
21-902(a) of this article ("Driving while intoxicated"):

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