§ 10-304. Administration of breath and blood tests
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Courts and Judicial Proceedings, § 10-304
§ 10-304. Administration of breath and blood tests
(3) “Qualified person” means a person who has received training in the use of the equipment in a training program approved by the toxicologist in the Department of State Police Forensic Sciences Division and who is either a police officer, a police employee, or a person authorized by the toxicologist in the Department of State Police Forensic Sciences Division.
(b)(1) The test of breath shall be administered by a qualified person with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division at the direction of a police officer.
(c)(1)(i) The blood shall be obtained by a qualified medical person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division acting at the request of a police officer.
(ii) If a law enforcement officer testifies that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was a qualified medical person, the officer's testimony shall be sufficient evidence that the person was a qualified medical person and that the blood was obtained in compliance with this section, without testimony from the person who obtained the blood specimen.
(d)(1) For the purpose of establishing that the test of breath or blood was administered with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division, a statement signed by the toxicologist certifying that the equipment used in the test has been approved by him shall be prima facie evidence of the approval, and the statement is admissible in evidence without the necessity of the toxicologist personally appearing in court.
(e) The person tested is permitted to have a physician of the person's own choosing administer tests in addition to the one administered at the direction of the police officer, and in the event no test is offered or requested by the police officer, the person may request, and the officer shall have administered, one or more of the tests provided for in this section.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 858; Acts 1977, c. 14, § 6; Acts 1977, c. 164, § 3; Acts 1980, c. 41; Acts 1982, c. 770, § 4; Acts 1983, c. 289; Acts 1989, c. 284; Acts 1990, c. 413; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2000, c. 629, § 1, eff. Oct. 1, 2000; Acts 2016, c. 630, § 1, eff. Oct. 1, 2016; Acts 2022, c. 226, § 1, eff. Oct. 1, 2022.
Formerly Art. 35, § 100.
MD Code, Courts and Judicial Proceedings, § 10-304, MD CTS & JUD PRO § 10-304
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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