§ 10-309. Refusals to submit to tests

10-309. Refusals to submit to tests

In general

(a)(1)(i) Except as provided in § 16-205.1(c) of the Transportation Article or § 8-738.1 of the Natural Resources Article, a person may not be compelled to submit to a test or tests provided for in this subtitle.

(ii) Evidence of a test or analysis provided for in this subtitle is not admissible in a prosecution for a violation of § 16-113 or § 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 if obtained contrary to the provisions of this subtitle.

(2) The fact of refusal to submit is admissible in evidence at the trial.

Construction with vehicle laws relating to test refusals

(b) This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.

Construction with §§ 16-113, 21-902 of the Transportation Article; § 8-738 of the Natural Resources Article; and Criminal Law Article

(c) Nothing in this section precludes or limits the admissibility of evidence of a test or analysis to determine the alcohol concentration of a person's blood or breath in any prosecution other than for a violation of § 16-113 or § 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.

Construction with § 16-205.1 of the Transportation Article or § 8-738.1 of the Natural Resources Article

(d) Nothing in this section precludes or limits admissibility of evidence of a test or analysis to determine the alcohol concentration of a person's blood or breath which is obtained as provided in § 16-205.1(c) of the Transportation Article or § 8-738.1 of the Natural Resources Article.

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