§ 10-305
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/md/courts-and-judicial-proceedings/10-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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 § 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 § 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is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.