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Alcohol Presumptions , section: TR 10-307

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Refusal Offense/Presumption, Alcohol Presumtions

MARLAND ALCOHOL CONCENTRATIONS AND PRESUMPTIONS MARYLAND ANNOTATED CODE: COURTS & JUDICIAL PROCEDINGS 10-307. Same - Results of analysis and presumptions.

Statute text

(a) In general.-

(1) In any criminal, juvenile, or civil proceeding in which a person is alleged to have committed an act that would constitute a violation of Article 27, 388, 388A, or 388B of the Code, 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.

(2) Alcohol concentration as used in this section shall be measured by:

(i) Grams of alcohol per 100 milliliters of blood; or

(ii) Grams of alcohol per 210 liters of breath.

(3) 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.

(b) Alcohol concentration of 0.05 or less.- 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.

(c) Alcohol concentration of more than 0.05 but less than 0.07 - 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.

(d) Prima facie evidence of impairment.- 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.

(e) Prima facie evidence of alcohol in 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 with alcohol in the person's blood.

(f) Prima facie evidence of violation of 16-113 of the Transportation Article.- 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.

(g) Under the influence of alcohol per se.- 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 11-127.1 of the Transportation Article.

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