PARRIS N. GLENDENING, Governor                             S.B. 277

Section 388B

Annotated Code of Maryland

(1992 Replacement Volume and 1995 Supplement)

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-302, 10-306(a)(1), 10-307(a)(1), and 10-308(b)
Annotated Code of Maryland
(1995 Replacement Volume and 1995 Supplement)

BY repealing and reenacting, with amendments,
Article - Transportation
Section 16-402(a)
Annotated Code of Maryland
(1992 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 388B of Article 27 - Crimes and Punishments of the
Annotated Code of Maryland be renumbered to be Section(s) 388C.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 27 - Crimes and Punishments

388A.

(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.

(4)     "UNDER THE INFLUENCE OF DRUGS" MEANS SO FAR UNDER THE
INFLUENCE OF A DRUG, A COMBINATION OF DRUGS, OR A COMBINATION OF ONE
OR MORE DRUGS AND ALCOHOL THAT A PERSON CANNOT DRIVE, OPERATE, OR
CONTROL A MOTOR VEHICLE OR VESSEL SAFELY.

(5)     "UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE" MEANS UNDER THE INFLUENCE OF A CONTROLLED DANGEROUS
SUBSTANCE, AS THAT TERM IS DEFINED IN § 279 OF THIS ARTICLE, IF THE PERSON IS
NOT ENTITLED TO USE THE CONTROLLED DANGEROUS SUBSTANCE UNDER THE
LAWS OF THIS STATE

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