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§ 8-738.1. Persons required to submit to breath or blood tests

West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2010

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 7. State Boat Act (Refs & Annos)
Effective: October 1, 2010
MD Code, Natural Resources, § 8-738.1
§ 8-738.1. Persons required to submit to breath or blood tests
Breath or blood tests
(a) If a person is involved in an accident while operating or attempting to operate a vessel that results in the death of, or a life-threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been operating a vessel or attempting to operate a vessel while under the influence of alcohol, 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 could not operate a vessel safely, or while impaired by a controlled dangerous substance, the person shall be required to submit, as directed by the police officer, to a test of:
(1) The person's breath to determine alcohol concentration;
(2) One specimen of the person's blood to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person's blood; or
(3) Both the person's breath under item (1) of this subsection and one specimen of the person's blood under item (2) of this subsection.
Application of § 10-304 of the Courts Article
(b) If a police officer directs that a person be tested, then the provisions of § 10-304 of the Courts Article apply.
Liability of medical personnel
(c) Any medical personnel who perform any test required by this section are not liable for any civil damages as a result of any act or omission related to the test, not amounting to gross negligence.


Added by Acts 2010, c. 307, § 2, eff. Oct. 1, 2010.
MD Code, Natural Resources, § 8-738.1, MD NAT RES § 8-738.1
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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