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Ch. 629
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2000 LAWS OF MARYLAND
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(b) (1) (i) Test results which comply with the requirements of subsection
(a) of this section are admissible as substantive evidence without the presence or
testimony of the technician or analyst who administered the test.
(II) However, if the State decides to offer the test results without
the testimony of the technician or analyst, it shall, at least 30 days before trial, notify
the defendant or his attorney in writing of its intention and deliver to the defendant
or his attorney a copy of the test results to be offered.
[(ii)](III) If the District Court is deprived of jurisdiction under
circumstances in which a defendant is entitled to and demands a jury trial, or appeals
from the District Court to the circuit court, the State is not required to file a second
notice.
(2) (i) If the defendant desires the technician or analyst to be present
and testify at trial, the defendant shall notify the court and the State in writing no
later than 20 days before trial.
(ii) If the District Court is deprived of jurisdiction under
circumstances in which a defendant is entitled to and demands a jury trial, or appeals
from the District Court to a circuit court, the defendant shall notify the circuit court
and the State in writing no later than 20 days before trial.
(iii) If the timely and proper notice required under this paragraph is
provided by the defendant, the test results are inadmissible without the testimony of
the technician or analyst.
(3) Failure to give timely and proper notice constitutes a waiver of the
defendant's right to the presence and testimony of the technician or analyst.
10-307.
(a) (1) In a proceeding in which a person is charged with a violation of
Article 27, § 388, § 388A, or § 388B of the Code, or with driving or attempting to drive
a vehicle in violation of [§ 16-113(a)(2)] § 16-113, § 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.
(2) Alcohol concentration as used in this section shall be measured by:
(i) Grams of alcohol per 100 milliliters of blood; or
(ii) Grams of alcohol per 210 liters of breath.
(3) If the amount of alcohol in the person's blood shown by analysis as
provided in this subtitle is measured by milligrams of alcohol per deciliters of blood or
milligrams of alcohol per 100 milliliters of blood, a court or an administrative law
judge, as the case may be, shall convert the measurement into grams of alcohol per
100 milliliters of blood by dividing the measurement by 1000.
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- 3276 -
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