The speed of a motor vehicle may be proved by evidence of a test made upon it with a device designed to measure and indicate the speed of a moving object by means of radio-micro waves.

In §§ 10-302 through 10-309 of this subtitle, the following words have the meanings indicated. “Specimen of blood” and “1 specimen of blood” have the meaning stated in § 16-205.1 of the Transportation Article. “Test” has the meaning stated in § 16-205.1 of the Transportation Article.

In a prosecution for a violation of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or in violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, a test of the person’s breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of 1 specimen of the person’s blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person’s blood.

A specimen of breath or 1 specimen of blood may be taken for the purpose of a test for determining alcohol concentration. For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within 2 hours after the person accused is apprehended. Only 1 specimen of blood may be taken for the purpose of a test or tests for determining the drug or controlled dangerous substance content of the person’s blood. For the purpose of a test or tests for determining drug or controlled dangerous substance content of the person’s blood, the specimen of blood shall be taken within 4 hours after the person accused is apprehended.

In this section the following words have the meanings indicated. “Qualified medical person” means a person permitted to withdraw blood from a human. “Qualified person” means a person who has received training in the use of the equipment in a training program approved by the toxicologist in the Department of State Police Forensic Sciences Division and who is either a police officer, a police employee, or a person authorized by the toxicologist in the Department of State Police Forensic Sciences Division. The test of breath shall be administered by a qualified person with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division at the direction of a police officer. The officer arresting the individual may not administer the test of breath. 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. The test of blood shall be conducted by a qualified person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division in a laboratory approved by the toxicologist. For the purpose of establishing that the test of breath or blood was administered with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division, a statement signed by the toxicologist certifying that the equipment used in the test has been approved by him shall be prima facie evidence of the approval, and the statement is admissible in evidence without the necessity of the toxicologist personally appearing in court. 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. A subpoena for the toxicologist may be quashed if a defendant fails to comply with the requirements of this subsection. A motion to quash a defendant’s subpoena may be filed by any party or by the Attorney General. The person tested is permitted to have a physician of the person’s own choosing administer tests in addition to the one administered at the direction of the police officer, and in the event no test is offered or requested by the police officer, the person may request, and the officer shall have administered, one or more of the tests provided for in this section. Nothing in this section precludes the right to introduce any other competent evidence bearing upon the date of the certificate or change in the equipment since the date of the certificate.

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: A test of blood if: 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 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. 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. 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.

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. To be admissible under paragraph (1) of this subsection, the report shall: 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. Failure to give timely and proper notice constitutes a waiver of the defendant’s right to the presence and testimony of the technician or analyst.

In any criminal, juvenile, or civil proceeding in which a person is alleged to have committed an act that would constitute a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, 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. Alcohol concentration as used in this section shall be measured by: Grams of alcohol per 100 milliliters of blood; or Grams of alcohol per 210 liters of breath. 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. 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. 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. 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. 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. 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. 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 § 11-174.1 of the Transportation Article.

The evidence of the analysis does not limit the introduction of other evidence bearing upon whether the defendant was under the influence of alcohol or whether the defendant was driving while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely, or while impaired by a controlled dangerous substance. The results of a test or tests to determine the drug or controlled dangerous substance content of a person’s blood: Are admissible as evidence in a criminal trial only in a prosecution for a violation of § 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 and only if other admissible evidence is introduced that creates an inference that the person was: 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 Are not admissible in a prosecution other than a prosecution for a violation of § 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.

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. The fact of refusal to submit is admissible in evidence at the trial. This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests. 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. 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.

A photograph, microphotograph, videotape, or other recorded image of the license plate of a motor vehicle produced by an electronic toll collection video-monitoring system is admissible in a proceeding to collect a toll or other charge of the Maryland Transportation Authority, to impose civil liability or to collect civil penalties imposed under § 21-1414 of the Transportation Article, or to impose criminal liability under § 21-1413 of the Transportation Article for a failure to pay a toll or charge.

A recorded image of a motor vehicle produced by a traffic control signal monitoring system in accordance with § 21–202.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–202(h) of the Transportation Article without authentication. A recorded image of a motor vehicle produced by a speed monitoring system in accordance with § 21–809, § 21–810, or § 21–810.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of Title 21, Subtitle 8 of the Transportation Article without authentication. A recorded image of a motor vehicle produced by a school bus monitoring camera in accordance with § 21–706.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–706 of the Transportation Article without authentication. A recorded image of a motor vehicle produced by a vehicle height monitoring system in accordance with § 24–111.3 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of a State or local law restricting the presence of certain vehicles during certain times without authentication. A recorded image of a motor vehicle produced by a bus lane monitoring system in accordance with § 21–1134 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–1133 of the Transportation Article without authentication. A recorded image of a motor vehicle and any relevant recorded audio produced by a noise abatement monitoring system in conjunction with a noise measuring device in accordance with § 22–612 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 22–602 of the Transportation Article without authentication. A recorded image of a motor vehicle produced by a stop sign monitoring system in accordance with § 21–707.1 of the Transportation Article is admissible in a proceeding concerning a civil citation issued under that section for a violation of § 21–707 of the Transportation Article without authentication. In any other judicial proceeding, a recorded image produced by a vehicle height monitoring system, traffic control signal monitoring system, speed monitoring system, work zone speed control system, safety corridor speed monitoring system, stop sign monitoring system, school bus monitoring camera, or bus lane monitoring system or a recorded image and any relevant recorded audio produced by a noise abatement monitoring system in conjunction with a noise measuring device is admissible as otherwise provided by law.

Subject to subsection (b) of this section, in a prosecution for a diesel emissions standard violation under Title 23, Subtitle 4 of the Transportation Article, emissions test results from emissions test equipment as described in § 23-402 of the Transportation Article are admissible at trial in any court with jurisdiction over the proceeding in the State. If at the time of testing, a diesel vehicle fails to meet the emissions standard established under Title 23, Subtitle 4 of the Transportation Article, the failure to meet the established emissions standard shall be prima facie evidence that the operator of the diesel vehicle violated the provisions of Title 23, Subtitle 4 of the Transportation Article.