§ 21-902. Driving while under the influence or impairment of alcohol or drugs prohibited
West's Annotated Code of MarylandTransportationEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Transportation, § 21-902
§ 21-902. Driving while under the influence or impairment of alcohol or drugs prohibited
(a)(1)(i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(b)(1)(i) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(c)(1)(i) A person may not drive or attempt to drive any vehicle 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.
(iv) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(d)(1)(i) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(e) For purposes of the application of subsequent offender penalties under this section, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section.
(f)(1) In this subsection, “imprisonment” includes confinement in:
(g)(1) In this subsection, “test” has the meaning stated in § 16-205.1 of this article.
(3) Subject to paragraph (4) of this subsection, if a person is convicted of a violation of this section and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
(h)(1) A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of two violations of any provision of subsection (a), (b), (c), or (d) of this section.
(i)(1) A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of:
Credits
Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1980, c. 144; Acts 1981, c. 242; Acts 1988, c. 562; Acts 1993, c. 308; Acts 1995, c. 498, § 1, eff. Oct. 1, 1995; Acts 1996, c. 652, § 2, eff. May 23, 1996; Acts 1997, c. 451, § 1, eff. June 1, 1997; Acts 1999, c. 347, § 1, eff. Oct. 1, 1999; Acts 2001, c. 4, § 1, eff. Sept. 30, 2001; Acts 2001, c. 5, § 1, eff. Sept. 30, 2001; Acts 2001, c. 483, § 1, eff. Oct. 1, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 243, § 1, eff. Oct. 1, 2003; Acts 2003, c. 244, § 1, eff. Oct. 1, 2003; Acts 2003, c. 246, § 1, eff. Oct. 1, 2003; Acts 2004, c. 335, § 1, eff. Oct. 1, 2004; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2005, c. 495, § 1, eff. Oct. 1, 2005; Acts 2005, c. 496, § 1, eff. Oct. 1, 2005; Acts 2006, c. 219, § 1, eff. Oct. 1, 2006; Acts 2006, c. 220, § 1, eff. Oct. 1, 2006; Acts 2009, c. 496, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 89, § 1, eff. Oct. 1, 2011; Acts 2011, c. 556, § 2, eff. Oct. 1, 2011; Acts 2011, c. 557, § 2, eff. Oct. 1, 2011; Acts 2014, c. 244, § 1, eff. Oct. 1, 2014; Acts 2014, c. 631, § 1, eff. Oct. 1, 2014; Acts 2017, c. 55, § 1, eff. Oct. 1, 2017; Acts 2017, c. 62, § 6; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 20, § 1, eff. Oct. 1, 2019.
Formerly Art. 66 ½, § 11-902.
MD Code, Transportation, § 21-902, MD TRANS § 21-902
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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