MARYLAND ANNOTATED CODE: COURTS & JUDICIAL PROCEDINGS
§ 10-307. Same - Results of analysis and presumptions.
Statute text
(a) In general.-
(1) In any criminal, juvenile, or civil proceeding in which a person
is alleged to have committed an act that would constitute a violation
of
Article 27, § 388, § 388A, or § 388B of the Code, or
with
driving or attempting to drive a vehicle in violation of § 16-113,
§ 16-813, or § 21-902 of the Transportation Article, the
amount
of alcohol in the person's breath or blood shown by analysis as
provided
in this subtitle is admissible in evidence and has the effect set forth
in subsections (b) through (g) of this section.
(2) Alcohol concentration as used in this section shall be measured
by:
(i) Grams of alcohol per 100 milliliters of blood; or
(ii) Grams of alcohol per 210 liters of breath.
(3) If the amount of alcohol in the person's blood shown by analysis
as provided in this subtitle is measured by milligrams of alcohol per
deciliters
of blood or milligrams of alcohol per 100 milliliters of blood, a court
or an administrative law judge, as the case may be, shall convert the
measurement
into grams of alcohol per 100 milliliters of blood by dividing the
measurement
by 1000.
(b) Alcohol concentration of 0.05 or less.- If at the time of
testing a person has an alcohol concentration of 0.05 or less, as
determined
by an analysis of the person's blood or breath, it shall be presumed
that
the person was not under the influence of alcohol and that the person
was
not driving while impaired by alcohol.
(c) Alcohol concentration of more than 0.05 but less than 0.07
- If at the time of testing a person has an alcohol concentration of
more
than 0.05 but less than 0.07, as determined by an analysis of the
person's
blood or breath, this fact may not give rise to any presumption that
the
person was or was not under the influence of alcohol or that the person
was or was not driving while impaired by alcohol, but this fact may be
considered with other competent evidence in determining whether the
person
was or was not driving while under the influence of alcohol or driving
while impaired by alcohol.
(d) Prima facie evidence of impairment.- If at the time of
testing
a person has an alcohol concentration of at least 0.07 but less than
0.08,
as determined by an analysis of the person's blood or breath, it shall
be prima facie evidence that the person was driving while impaired by
alcohol.
(e) Prima facie evidence of alcohol in blood.- If at the time
of testing a person has an alcohol concentration of 0.02 or more, as
determined
by an analysis of the person's blood or breath, it shall be prima facie
evidence that the person was driving with alcohol in the person's
blood.
(f) Prima facie evidence of violation of § 16-113 of the
Transportation Article.- If at the time of testing a person has an
alcohol
concentration of 0.02 or more, as determined by an analysis of the
person's
blood or breath, it shall be prima facie evidence that the person was
driving
in violation of an alcohol restriction under § 16-113 of the
Transportation
Article.
(g) Under the influence of alcohol per se.- If at the time of
testing a person has an alcohol concentration of 0.08 or more, as
determined
by an analysis of the person's blood or breath, the person shall be
considered
under the influence of alcohol per se as defined in § 11-127.1 of
the Transportation Article.
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