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Session Laws, 2003
Volume 799, Page 2061   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 244

(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.

(E) FOR PURPOSES OF THE APPLICATION OF SUBSEQUENT OFFENDER
PENALTIES UNDER § 27-101 OF THIS ARTICLE, A CONVICTION FOR A CRIME
COMMITTED IN ANOTHER STATE OR FEDERAL JURISDICTION THAT, IF COMMITTED
IN THIS STATE, WOULD CONSTITUTE A VIOLATION OF SUBSECTION (A), (B), (C), OR (D)
OF THIS SECTION SHALL BE CONSIDERED A VIOLATION OF SUBSECTION (A), (B), (C),
OR (D) OF THIS SECTION.

27-101.

(f) (1) A person is subject to a fine not exceeding $500 or imprisonment, not
exceeding 1 year or both, if the person is convicted of:

(i) A violation of § 14-103 of this article ("Possession of motor
vehicle master key"); or

(ii) A second or subsequent violation of:

1.       § 16-101 of this article ("Drivers must be licensed"); or

2.       Except as provided in subsection (q) of this section:

A.      § 21-902(b) of this article ("Driving while impaired by
alcohol");

B.      § 21-902(c) of this article ("Driving while impaired by
drugs or drugs and alcohol"); or

C.      § 21-902(d) of this article ("Driving while impaired by a
controlled dangerous substance").

(2) Except as provided in subsection (q) of this section, for the purpose of
second or subsequent offender penalties for a violation of § 21-902(b) of this article

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Session Laws, 2003
Volume 799, Page 2061   View pdf image
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