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Ch. 666
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2000 LAWS OF MARYLAND
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(1999 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, 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) (i) "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.
(ii) If the alcohol concentration is measured by milligrams of
alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a
court shall convert the measurement into grams of alcohol per 100 milliliters of blood
by dividing the measurement by 1000.
(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.
(b) Any person causing the death of another as the result of the person's
negligent driving, operation, or control of a motor vehicle or vessel while intoxicated
or intoxicated per se is guilty of a felony to be known as "homicide by motor vehicle or
vessel while intoxicated", and the person so convicted shall be punished by
imprisonment for not more than 5 years, or by fine of not more than $5,000 or both
fine and imprisonment.
(c) A person who causes the death of another as the result of the person's
negligent driving, operation, or control of a motor vehicle or vessel while under the
influence of alcohol is guilty of a felony to be known as "homicide by motor vehicle or
vessel while under the influence", and on conviction shall be punished by
imprisonment for not more than 3 years or a fine of not more than $5,000 or both.
(d) (1) A person who causes the death of another as the result of the person's
negligent driving, operation, or control of a motor vehicle or vessel while under the
influence of drugs is guilty of a felony to be known as "homicide by motor vehicle or
vessel while under the influence of drugs", and on conviction shall be punished by
imprisonment for not more than 3 years or a fine of not more than $5,000 or both.
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- 3416 -
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