# Courts and Judicial Proceedings (GCJ)

## Title 10. Evidence

### Subtitle 3. Motor Vehicle Laws

#### Section 10-305

(a) 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 Sec. 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 Sec. 16-205.1(c)(1)(iii) of the Transportation Article.

(b) 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) 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is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)