2018 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 3 - Motor Vehicle Laws
§ 10-305. Chemical test for alcohol, drug or controlled dangerous substance content -- Type of test administered
(a) Alcohol content. -- 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.
(b) Drug or controlled dangerous substance content. -- 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.
(c) Person incapable of test refusal. -- 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is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.