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PARRIS N. GLENDENING, Governor
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Ch. 629
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(b) If at the time of testing a person has an alcohol concentration of 0.05 or
less, as determined by an analysis of the person's blood or breath, it shall be presumed
that the defendant was not intoxicated and that the defendant was not driving while
under the influence of alcohol.
(c) If at the time of testing a person has an alcohol concentration of more than
0.05 but less than 0.07, as determined by an analysis of the person's blood or breath,
this fact may not give rise to any presumption that the defendant was or was not
intoxicated or that the defendant was or was not driving while under the influence of
alcohol, but this fact may be considered with other competent evidence in determining
the guilt or innocence of the defendant.
(d) If at the time of testing a person has an alcohol concentration of at least
0.07 but less than 0.10, as determined by an analysis of the person's blood or breath,
it shall be prima facie evidence that the defendant was driving while under the
influence of alcohol.
(e) If at the time of testing a person has an alcohol concentration of 0.02 or
more, as determined by an analysis of the person's blood or breath, it shall be prima
facie evidence that the defendant was driving with alcohol in the defendant's blood.
(f) If at the time of testing a person has an alcohol concentration of 0.02 or
more, as determined by an analysis of the person's blood or breath, it shall be prima
facie evidence that a defendant was driving in violation of [§ 16-113(b)] AN ALCOHOL
RESTRICTION UNDER § 16-113 of the Transportation Article.
10-308.
(a) The evidence of the analysis does not limit the introduction of other
evidence bearing upon whether the defendant was intoxicated or whether the
defendant was driving while under the influence of alcohol, 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 cannot drive a vehicle safely, or while under the
influence of a controlled dangerous substance.
(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
for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural
Resources Article, or Article 27, § 388, § 388A, or § 388B of the Code and only if other
admissible evidence is introduced that creates an inference that the person was:
(i) 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; or
(ii) Operating or attempting to operate a vessel while the person
was 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 operate a
vessel safely, or while under the influence of a controlled dangerous substance; and
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- 3277 -
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