Maryland Statutes
Subtitle 3 - Motor Vehicle Laws
Section 10-307 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Results of Analysis and Presumptions

(a)    (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 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.
        (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)    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)    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)    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)    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)    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)    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.

Structure Maryland Statutes

Maryland Statutes

Courts and Judicial Proceedings

Title 10 - Evidence

Subtitle 3 - Motor Vehicle Laws

Section 10-301 - Use of Radio-Micro Waves to Prove Speed of Vehicles

Section 10-301.1 - Definitions

Section 10-302 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Purpose

Section 10-303 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Specimens; Time Limitations

Section 10-304 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Qualifications of Person Administering Test; Equipment

Section 10-305 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Type of Test Administered

Section 10-306 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Admissibility of Test Results Without Presence or Testimony of Technician

Section 10-307 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Results of Analysis and Presumptions

Section 10-308 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Other Evidence

Section 10-309 - Chemical Test for Alcohol, Drug or Controlled Dangerous Substance Content -- Refusal to Submit to Test

Section 10-310 - Photographs, Microphotographs, Videotapes or Other Recorded Images by Electronic Toll Collection Video Monitoring Systems

Section 10-311 - Recorded Images Produced by Traffic Control Signal, Speed Monitoring System, School Bus Monitoring Camera, or Work Zone Speed Control System

Section 10-312 - Admissibility of Test Results in Prosecution for Diesel Emissions Standard Violation