Home Table of Contents

§ 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.

Credits

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 legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document