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§ 10-308. Other evidence admissible to prove influence of alcohol, drugs, or controlled substan...

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 3. Motor Vehicle Laws (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-308
§ 10-308. Other evidence admissible to prove influence of alcohol, drugs, or controlled substances
Currentness
In general
(a) The evidence of the analysis does not limit the introduction of other evidence bearing upon whether the defendant was under the influence of alcohol or whether the defendant was driving while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely, or while impaired by a controlled dangerous substance.
Test results admissible to prove impairment while driving or operating vessels
(b) The results of a test or tests to determine the drug or controlled dangerous substance content of a person's blood:
(1) Are admissible as evidence in a criminal trial only in a prosecution for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article and only if other admissible evidence is introduced that creates an inference that the person was:
(i) Driving or attempting to drive while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance; or
(ii) Operating or attempting to operate a vessel while the person was so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance; and
(2) Are not admissible in a prosecution other than a prosecution for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources Article, or Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, c. 14, § 6; Acts 1981, c. 242; Acts 1989, c. 284; Acts 1990, c. 413; Acts 1996, c. 427, § 2, eff. Oct. 1, 1996; Acts 1999, c. 215, § 1, eff. Oct. 1, 1999; 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.
Formerly Art. 35, § 100.
MD Code, Courts and Judicial Proceedings, § 10-308, MD CTS & JUD PRO § 10-308
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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