Ch. 468

2004 LAWS OF MARYLAND

to, another person and the police officer has reasonable grounds to believe that
the person has been driving or attempting to drive in violation of certain
alcohol- or drug-related driving offenses; clarifying that the test used to
determine if a person has been driving or attempting to drive in violation of
certain alcohol- or drug-related driving offenses shall be a test of blood or both
breath and blood under certain circumstances; providing for the application of
this Act; and generally relating to a requirement that a police officer direct a
person to submit to certain tests if the person is involved in a motor vehicle
accident that results in a death or life threatening injury under certain
circumstances.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 10-305(a)
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

BY repealing and reenacting, without amendments,
Article — Transportation
Section 16-205.1(a)(1)(i) and (c)(2)
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

BY repealing and reenacting, with amendments,
Article - Transportation
Section 16-205.1(a)(1)(iv) and (c)(1) and (2)
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

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

Article - Courts and Judicial Proceedings

10-305.

(a) The type of test administered to the defendant to determine alcohol
concentration shall be the test of breath except that the [test of blood shall be the]
type of test administered [if] SHALL BE:

(1) A TEST OF BLOOD IF:

(I) The defendant is unconscious or otherwise incapable of refusing
to take a test to determine alcohol concentration;

[(2)] (II) Injuries to the defendant require removal of the defendant to a
medical facility; [or]

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