Ch. 376

2003 LAWS OF MARYLAND

(2) IN THIS SECTION, "ARRESTEE" MEANS A PERSON WHO HAS BEEN
ARRESTED FOR A VIOLATION OF § 21-902 OF THIS SUBTITLE OR TITLE 2, SUBTITLE 5
OR § 3-211 OF THE CRIMINAL LAW ARTICLE.

(B) AN ARRESTEE MAY NOT DRIVE A MOTOR VEHICLE WITHIN 12 HOURS
AFTER THE ARRESTEE'S ARREST FOR A VIOLATION OF § 21-902 OF THIS SUBTITLE OR
TITLE 2, SUBTITLE 5 OR § 3-211 OF THE CRIMINAL LAW ARTICLE.

(3) "CUSTODIAN" MEANS A PERSON WHO, IN RESPONSE TO A SUMMONS
BY OR ON BEHALF OF AN ARRESTEE, APPEARS AT A LAW ENFORCEMENT AGENCY TO
TRANSPORT OR ACCOMPANY THE ARRESTEE FROM THE LAW ENFORCEMENT
AGENCY.

(B) (1) A LAW ENFORCEMENT AGENCY SHALL PROVIDE A CUSTODIAN WITH
A WRITTEN STATEMENT ADVISING OF POTENTIAL CRIMINAL LIABILITY UNDER §
26-101 OF THIS ARTICLE OR CIVIL LIABILITY FOR ALLOWING OR FACILITATING THE
ARRESTEE'S OPERATION OF A MOTOR VEHICLE WHILE THE ARRESTEE REMAINS;

(I) UNDER THE INFLUENCE OF ALCOHOL OR UNDER THE
INFLUENCE OF ALCOHOL PER SE;

(II) IMPAIRED BY ALCOHOL;

(III) IMPAIRED BY DRUGS OR DRUGS AND ALCOHOL; OR

(IV) IMPAIRED BY A CONTROLLED DANGEROUS SUBSTANCE.

(2) (I) THE CUSTODIAN SHALL ACKNOWLEDGE, IN WRITING, RECEIPT
OF THE STATEMENT DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION.

(II) IF THE CUSTODIAN REFUSES TO ACKNOWLEDGE RECEIPT OF
THE STATEMENT, THE LAW ENFORCEMENT AGENCY SHALL RECORD THAT THE
STATEMENT WAS PROVIDED BUT THE CUSTODIAN REFUSED TO . SIGN AN
ACKNOWLEDGMENT.

(C) EXCEPT AS OTHERWISE AUTHORIZED UNDER LAW, A LAW ENFORCEMENT
OFFICER SHALL DETAIN AN ARRESTEE BASED ON PROBABLE CAUSE THAT THE
ARRESTEE VIOLATED § 21-902 OF THIS SUBTITLE, FOR A PERIOD UNTIL THE LATER
OF:

(1) 12 HOURS AFTER THE ARREST; OR

(2) THE TIME THE ARRESTEE IS ABLE TO OPERATE A MOTOR VEHICLE
SAFELY WITHOUT VIOLATING ANY PROVISION OF THIS ARTICLE.

(D) THE ARRESTING LAW ENFORCEMENT AGENCY SHALL IMPOUND THE
MOTOR VEHICLE THAT THE ARRESTEE WAS OPERATING WHEN ARRESTED AND MAY
NOT RELEASE THE MOTOR VEHICLE TO THE ARRESTEE UNTIL THE LATER OF:

(1) 12 HOURS AFTER THE ARREST; OR

(2) THE TIME THE ARRESTEE MEETS THE CONDITIONS OF SUBSECTION
(F) OF THIS SECTION.

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