Title 10. Evidence — Subtitle 3. Motor Vehicle Laws

The blood shall be obtained by a qualified medical person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division acting at the request of a police officer.

If a law enforcement officer testifies that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was a qualified medical person, the officer’s testimony shall be sufficient evidence that the person was a qualified medical person and that the blood was obtained in compliance with this section, without testimony from the person who obtained the blood specimen.

If a defendant desires the toxicologist to be present and testify at trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at least 20 days before the trial in the appropriate court.

If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to the circuit court, another subpoena must be filed at least 20 days before the trial in the circuit court.

If a trial date is postponed for any reason beyond 30 days from the trial date for which the subpoena was issued, the defendant shall file a new subpoena for the toxicologist.

In addition to the requirements of Maryland Rules 4–265 and 4–266, the subpoena shall contain the name, address, and telephone number of the defendant or the defendant’s attorney.

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

Injuries to the defendant require removal of the defendant to a medical facility;

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

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

Subject to the provisions of paragraph (2) of this subsection, in any criminal trial in which a violation of § 16–113, § 16–813, or § 21–902 of the Transportation Article, or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of breath or blood to determine alcohol concentration signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.

Subject to the provisions of § 10–308(b) of this subtitle and paragraph (2) of this subsection, in any criminal trial in which a violation of § 21–902 of the Transportation Article or a violation of Title 2, Subtitle 5, § 2–209, or § 3–211 of the Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood to determine drug or controlled dangerous substance content signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.

Identify the technician or analyst as a “qualified person”, as defined in § 10–304 of this subtitle;

State that the test was performed with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division at the direction of a police officer; and

State that the result of the test is as stated in the report.

Test results which comply with the requirements of subsection (a) of this section are admissible as substantive evidence without the presence or testimony of the technician or analyst who administered the test.

However, if the State decides to offer the test results without the testimony of the technician or analyst, it shall, at least 30 days before trial, notify the defendant or his attorney in writing of its intention and deliver to the defendant or his attorney a copy of the test results to be offered.

If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to the circuit court, the State is not required to file a second notice.

If the defendant desires the technician or analyst to be present and testify at trial, the defendant shall notify the court and the State in writing no later than 20 days before trial.

If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to a circuit court, the defendant shall notify the circuit court and the State in writing no later than 20 days before trial.

If the timely and proper notice required under this paragraph is provided by the defendant, the test results are inadmissible without the testimony of the technician or analyst.

Grams of alcohol per 100 milliliters of blood; or

Grams of alcohol per 210 liters of breath.

Driving or attempting to drive while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, or while impaired by a controlled dangerous substance; or

Operating or attempting to operate a vessel while the person was so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance; and

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.

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.