§ 10-305. Tests to determine alcohol concentration and drug or controlled dangerous substance content

Codes > Code of Maryland > TItle 10 > Subtitle 3 > 10-305. Tests

10-305. Tests to determine alcohol concentration and drug or controlled dangerous substance content

Breath or blood tests used to determine alcohol concentration

(a) The type of test administered to the defendant to determine alcohol concentration shall be the test of breath except that the type of test administered shall be:

(1) A test of blood if:

(i) The defendant is unconscious or otherwise incapable of refusing to take a test to determine alcohol concentration;

(ii) Injuries to the defendant require removal of the defendant to a medical facility;

(iii) The equipment for administering the test of breath is not available; or

(iv) The defendant is required to submit to a test of one specimen of blood under § 16-205.1(c)(1)(ii) of the Transportation Article; or

(2) Both a test of the person's breath and a test of one specimen of the person's blood if the defendant is required to submit to both a test of the person's breath and a test of one specimen of the person's blood under § 16-205.1(c)(1)(iii) of the Transportation Article.

Blood specimens used to determine drug or controlled dangerous substance content

(b) The type of specimen obtained from the defendant for the purpose of a test or tests to determine drug or controlled dangerous substance content shall be a blood specimen.

Dead, unconscious, or incapacitated persons

(c) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.