PARRIS N. GLENDENING, Governor

S.B. 277

of the Code, a test of the person's breath or blood may be administered for the purpose
of determining alcohol concentration and a test or tests of 1 specimen of the person's
blood may be administered for the purpose of determining the drug or controlled
dangerous substance content of the person's blood.

10-306.

(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in any
criminal trial in which a violation of § 16-113(a)(2), § 16-813, or § 21-902 of the
Transportation Article, or a violation of Article 27, § 388 [ or § 388A], § 388A, OR § 388B
of the Code is charged or is an issue, a copy of a report of the results of a test of breath
or blood to determine alcohol concentration signed by the technician or analyst who
performed the test, is admissible as substantive evidence without the presence or
testimony of the technician or analyst who performed the test.

(ii) Subject to the provisions of § 10-308(b) of this subtitle and
paragraph (2) of this subsection, in any criminal trial in which a violation of § 21-902 of
the Transportation Article or a violation of Article 27, § 388 [or § 388A], § 388A OR §
388B of the Code is charged, a copy of a report of the results of a test or tests of blood to
determine drug or controlled dangerous substance content signed by the technician or
analyst who performed the test, is admissible as substantive evidence without the
presence or testimony of the technician or analyst who performed the test.

10-307.

(a)     (1) In a proceeding in which a person is charged with a violation of Article
27, § 388 [or § 388A], § 388A, OR § 388B of the Code, or with driving or attempting to
drive a vehicle in violation of § 16-113(a)(2), § 16-813, or § 21-902 of the Transportation
Article, the amount of alcohol in the person's breath or blood shown by analysis as
provided in this subtitle is admissible in evidence and has the effect set forth in
subsections (b) through (e) of this section.

10-308.

(b)     The results of a test or tests to determine the drug or controlled dangerous
substance content of a person's blood:

(1)     Are admissible as evidence in a criminal trial only in a prosecution under
§ 21-902 of the Transportation Article or a violation of Article 27, § 388 [or § 388A], §
388A OR § 388B of the Code and only if other admissible evidence is introduced that
creates an inference that the person was driving or attempting to drive 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, or while under the
influence of a controlled dangerous substance; and

(2)     Are not admissible in a prosecution other than a prosecution under §
21-902 of the Transportation Article or a violation of Article 27, § 388 [or § 388A], §

388A, OR § 388B of the Code.

Article - Transportation

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