ROBERT L. EHRLICH, JR., Governor

Ch. 243

FOR the purpose of providing that, for application of certain subsequent offender
penalties for certain alcohol- and drug-related driving offenses, a conviction for
a crime committed in another state or federal jurisdiction that would be a
violation of certain drunk and drugged driving laws if committed in this State
constitutes a prior offense; and generally relating to subsequent offender
penalties for drunk and drugged driving.

BY repealing and reenacting, with amendments,
Article - Transportation
Section 21-902
Annotated Code of Maryland
(2002 Replacement Volume)

BY repealing and reenacting, without amendments,
Article — Transportation

Section 27-101(f), (i)(2), (3), and (4), (k)(l)(ii) and (iii), and (q)
Annotated Code of Maryland
(2002 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

21-902.

(a)     (1) A person may not drive or attempt to drive any vehicle while under
the influence of alcohol.

(2) A person may not drive or attempt to drive any vehicle while the
person is under the influence of alcohol per se.

(b)     A person may not drive or attempt to drive any vehicle while impaired by
alcohol.

(c)      (1) A person may not drive or attempt to drive any vehicle while he is so
far impaired by any drug, any combination of drugs, or a combination of one or more
drugs and alcohol that he cannot drive a vehicle safely.

(2) It is not a defense to any charge of violating this subsection that the
person charged is or was entitled under the laws of this State to use the drug,
combination of drugs, or combination of one or more drugs and alcohol, unless the
person was unaware that the drug or combination would make the person incapable
of safely driving a vehicle.

(d)     A person may not drive or attempt to drive any vehicle while the person is
impaired by any controlled dangerous substance, as that term is defined in § 5-101 of
the Criminal Law Article, if the person is not entitled to use the controlled dangerous
substance under the laws of this State.

- 2057 -