Section 10-308 - Chemical test for alcohol, drug or controlled dangerous substance content - Other evidence. - Maryland Statutes

§ 10-308. Chemical test for alcohol, drug or controlled dangerous substance content - Other evidence.
 

(a)  In general.- 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. 

(b)  Drug or controlled dangerous substance content.- The results of a test or tests to determine the drug or controlled dangerous substance content of a person's blood: 

(1) 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: 

(i) 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 

(ii) 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 

(2) 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. 
 

[An. Code 1957, art. 35, § 100; 1973, 1st Sp. Sess., ch. 2, § 1; 1977, ch. 14, § 6; 1981, ch. 242; 1989, ch. 284; 1990, ch. 413; 1996, ch. 427, § 2; 1999, ch. 215; 2000, ch. 629; 2001, chs. 4, 5; 2002, ch. 213, § 6.]