Maryland COURTS AND JUDICIAL PROCEEDINGS Code § 10-309
Refusal to submit to chemical test
- Test not compulsory --
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- 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.
- Consequences of refusal. -- This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.
- Extent of limits on admissibility of analysis. -- 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.
- Analysis obtained under TR § 16-205.1. -- 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. Md. TRANSPORTATION Code Ann. § 21-902.1 § 21-902.1. Driving after arrest for violation of § 21-902
- "Arrestee" defined. -- In this section, "arrestee" means a person who has been arrested for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article.
- Driving after arrest prohibited. -- An arrestee may not drive a motor vehicle within 12 hours after the arrestee's arrest for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article.
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