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2017 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 3 - Motor Vehicle Laws
§ 10-309. Chemical test for alcohol, drug or controlled dangerous substance content -- Refusal to submit to test
Universal Citation: MD Cts & Jud Pro Code § 10-309 (2017)
- (a) Test not compulsory. --
- (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.
- (1)
- (b) Consequences of refusal. -- This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.
- (c) Extent of limits on admissibility of analysis. -- 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.
- (d) Analysis obtained under TR § 16-205.1. -- 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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