§ 10-307. Measurement and levels of breath or blood alcohol concentration
West's Annotated Code of MarylandCourts and Judicial Proceedings
MD Code, Courts and Judicial Proceedings, § 10-307
§ 10-307. Measurement and levels of breath or blood alcohol concentration
(a)(1) In any criminal, juvenile, or civil proceeding in which a person is alleged to have committed an act that would constitute a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, or with driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, the amount of alcohol in the person's breath or blood shown by analysis as provided in this subtitle is admissible in evidence and has the effect set forth in subsections (b) through (g) of this section.
(3) If the amount of alcohol in the person's blood shown by analysis as provided in this subtitle is measured by milligrams of alcohol per deciliters of blood or milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.
(b) If at the time of testing a person has an alcohol concentration of 0.05 or less, as determined by an analysis of the person's blood or breath, it shall be presumed that the person was not under the influence of alcohol and that the person was not driving while impaired by alcohol.
(c) If at the time of testing a person has an alcohol concentration of more than 0.05 but less than 0.07, as determined by an analysis of the person's blood or breath, this fact may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired by alcohol, but this fact may be considered with other competent evidence in determining whether the person was or was not driving while under the influence of alcohol or driving while impaired by alcohol.
(d) If at the time of testing a person has an alcohol concentration of at least 0.07 but less than 0.08, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving while impaired by alcohol.
Alcohol concentration of 0.02 or more prima facie evidence of driving with alcohol in person’s blood
(e) If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving with alcohol in the person's blood.
Alcohol concentration of 0.02 or more prima facie evidence of driving in violation of an alcohol restriction
(f) If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving in violation of an alcohol restriction under § 16-113 of the Transportation Article.
(g) If at the time of testing a person has an alcohol concentration of 0.08 or more, as determined by an analysis of the person's blood or breath, the person shall be considered under the influence of alcohol per se as defined in § 11-174.1 of the Transportation Article.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1974, c. 864, § 2; Acts 1975, c. 9; Acts 1977, c. 14, § 6; Acts 1978, c. 423; Acts 1978, c. 454; Acts 1981, c. 242; Acts 1986, c. 369; Acts 1987, c. 11, § 1; Acts 1988, c. 254; Acts 1988, c. 255; Acts 1988, c. 734; Acts 1989, c. 284; Acts 1990, c. 11; Acts 1995, c. 498, § 1, eff. Oct. 1, 1995; Acts 1996, c. 427, § 2, eff. Oct. 1, 1996; Acts 1998, c. 457, § 1, eff. Oct. 1, 1998; Acts 2000, c. 629, § 1, eff. Oct. 1, 2000; Acts 2001, c. 4, § 1, eff. Sept. 30, 2001; Acts 2001, c. 5, § 1, eff. Sept. 30, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2005, c. 25, § 5, eff. April 12, 2005.
Formerly Art. 35, § 100.
MD Code, Courts and Judicial Proceedings, § 10-307, MD CTS & JUD PRO § 10-307
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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