PARRIS N. GLENDENING, Governor

Ch. 427

THE DRUG OR COMBINATION WOULD MAKE THE PERSON INCAPABLE OF SAFELY
DRIVING, OPERATING, OR CONTROLLING A MOTOR VEHICLE OR VESSEL

(E) A PERSON WHO CAUSES THE DEATH OF ANOTHER AS THE RESULT OF THE
PERSON'S NEGLIGENT DRIVING, OPERATION, OR CONTROL OF A MOTOR VEHICLE
OR VESSEL WHILE UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE IS GUILTY OF A MISDEMEANOR TO BE KNOWN AS "HOMICIDE BY
MOTOR VEHICLE OR VESSEL WHILE UNDER THE INFLUENCE OF A CONTROLLED
DANGEROUS SUBSTANCE", AND ON CONVICTION SHALL BE PUNISHED BY
IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR A FINE OF NOT MORE THAN $5,000
OR BOTH.

[(d)] (F) (1) In any indictment, information, or other charging document under
this section, it is not necessary to set forth the manner and means of death.

(2) It shall be sufficient to use a formula substantially to the following
effect:

(i) "That A-B on the.........day of..............., nineteen hundred and

.............. at the County (City) aforesaid, unlawfully, while intoxicated did kill C-D,

against the peace, government, and dignity of the State."; [or]

(ii) "That A-B on the.........day of..............., nineteen hundred and

..............at the County (City) aforesaid, unlawfully, while under the influence of alcohol,

did kill C-D, against the peace, government, and dignity of the State.";

(III) "THAT A-B ON THE...... DAY OF..........., NINETEEN HUNDRED

AND..........AT THE COUNTY (CITY) AFORESAID, UNLAWFULLY, WHILE UNDER THE

INFLUENCE OF DRUGS, DID KILL C-D, AGAINST THE PEACE, GOVERNMENT, AND
DIGNITY OF THE STATE."; OR

(IV) "THAT A-B ON THE.........DAY OF..............., NINETEEN HUNDRED

AND..............AT THE COUNTY (CITY) AFORESAID, UNLAWFULLY, WHILE UNDER THE

INFLUENCE OF A CONTROLLED DANGEROUS SUBSTANCE, DID KILL C-D, AGAINST
THE PEACE, GOVERNMENT, AND DIGNITY OF THE STATE".

388B.

(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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