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PARRIS N. GLENDENING, Governor
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Ch. 629
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10-305.
(a) The type of test administered to the defendant to determine alcohol
concentration shall be the test of breath except that the test of blood shall be the type
of test administered if:
(1) The defendant is unconscious or otherwise incapable of refusing to
take a test to determine alcohol concentration;
(2) Injuries to the defendant require removal of the defendant to a
medical facility; or
(3) The equipment for administering the test of breath is not available.
(b) The type of specimen obtained from the defendant for the purpose of a test
or tests to determine drug or controlled dangerous substance content shall be a blood
specimen.
(c) Any person who is dead, unconscious, or otherwise in a condition rendering
him incapable of test refusal shall be deemed not to have withdrawn consent.
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)] § 16-113, § 16-813, or §
21-902 of the Transportation Article, or a violation of Article 27, § 388, § 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, § 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.
(2) To be admissible under paragraph (1) of this subsection, the report
shall:
(i) Identify the technician or analyst as a "qualified person", as
defined in § 10-304 of this subtitle;
(ii) State that the test was performed with equipment approved by
the toxicologist under the Postmortem Examiners Commission at the direction of a
police officer; and
(iii) State that the result of the test is as stated in the report.
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- 3275 -
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