EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1385*
HOUSE BILL 1385
R3 2lr2027
By: Delegate Shoemaker
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Drunk and Drugged Driving – Testing – Warrants and Authorized Police 2
Officers 3
FOR the purpose of establishing an exception to the prohibition on compelling a person to 4
undergo a certain test of the person’s breath or blood for the purpose of enforcing 5
prohibitions against drunk and drugged driving for a test that is required by a valid 6
warrant; authorizing a police officer who has successfully completed a certain 7
program of training in advanced roadside impaired driving enforcement to request, 8
require, or direct that a person take a certain test for drug or controlled dangerous 9
substance content under certain circumstances; repealing a provision of law 10
authorizing a police officer who is a trainee, or is participating directly or indirectly 11
in a certain program of training, for certification as a drug recognition expert to 12
request, require, or direct that a person take a certain test for drug or controlled 13
dangerous substance content under certain circumstances; and generally relating to 14
drunk and drugged driving. 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 10–309(a)(1)(i) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Transportation 22
Section 16–205.1(a) 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Transportation 27
Section 16–205.1(b)(1) and (j) 28 2 HOUSE BILL 1385
Annotated Code of Maryland 1
(2020 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Courts and Judicial Proceedings 5
10–309. 6
(a) (1) (i) Except as provided in § 16–205.1(c) of the Transportation Article 7
[or], § 8–738.1 of the Natural Resources Article, OR AS REQUIRED BY A VALID WARRANT, 8
a person may not be compelled to submit to a test or tests provided for in this subtitle. 9
Article – Transportation 10
16–205.1. 11
(a) (1) (i) In this section the following words have the meanings indicated. 12
(ii) “Specimen of blood” and “1 specimen of blood” means 1 sample of 13
blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials. 14
(iii) “Test” means, unless the context requires otherwise: 15
1. A test of a person’s breath or of 1 specimen of a person’s 16
blood to determine alcohol concentration; 17
2. A test or tests of 1 specimen of a person’s blood to 18
determine the drug or controlled dangerous substance content of the person’s blood; or 19
3. Both: 20
A. A test of a person’s breath or a test of 1 specimen of a 21
person’s blood, to determine alcohol concentration; and 22
B. A test or tests of 1 specimen of a person’s blood to 23
determine the drug or controlled dangerous substance content of the person’s blood. 24
(iv) “Under the influence of alcohol” includes under the influence of 25
alcohol per se as defined by § 11–174.1 of this article. 26
(2) Any person who drives or attempts to drive a motor vehicle on a 27
highway or on any private property that is used by the public in general in this State is 28
deemed to have consented, subject to the provisions of §§ 10–302 through 10–309, inclusive, 29
of the Courts and Judicial Proceedings Article, to take a test if the person should be 30
detained on suspicion of driving or attempting to drive while under the influence of alcohol, 31 HOUSE BILL 1385 3
while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or 1
a combination of one or more drugs and alcohol that the person could not drive a vehicle 2
safely, while impaired by a controlled dangerous substance, in violation of an alcohol 3
restriction, or in violation of § 16–813 of this title. 4
(b) (1) Except as provided in subsection (c) of this section OR AS REQUIRED 5
BY A VALID WARRANT , a person may not be compelled to take a test. However, the 6
detaining officer shall advise the person that, on receipt of a sworn statement from the 7
officer that the person was so charged and refused to take a test, or was tested and the 8
result indicated an alcohol concentration of 0.08 or more, the Administration shall: 9
(i) In the case of a person licensed under this title: 10
1. Except as provided in items 2, 3, and 4 of this item, for a 11
test result indicating an alcohol concentration of 0.08 or more at the time of testing: 12
A. For a first offense, suspend the driver’s license for 180 13
days; or 14
B. For a second or subsequent offense, suspend the driver’s 15
license for 180 days; 16
2. Except as provided in item 4 of this item, for a test result 17
indicating an alcohol concentration of 0.15 or more at the time of testing: 18
A. For a first offense, suspend the person’s driving privilege 19
for 180 days; or 20
B. For a second or subsequent offense, suspend the person’s 21
driving privilege for 270 days; 22
3. Except as provided in item 4 of this item, for a test result 23
indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was 24
involved in a motor vehicle accident that resulted in the death of another person: 25
A. For a first offense, suspend the person’s driving privilege 26
for 6 months; or 27
B. For a second or subsequent offense, suspend the person’s 28
driving privilege for 1 year; 29
4. For a test result indicating an alcohol concentration of 0.15 30
or more at the time of testing, if the person was involved in a motor vehicle accident that 31
resulted in the death of another person: 32
A. For a first offense, suspend the person’s driving privilege 33
for 1 year; or 34 4 HOUSE BILL 1385
B. For a second or subsequent offense, revoke the person’s 1
driving privilege; or 2
5. For a test refusal: 3
A. For a first offense, suspend the driver’s license for 270 4
days; or 5
B. For a second or subsequent offense, suspend the driver’s 6
license for 2 years; 7
(ii) In the case of a nonresident or unlicensed person: 8
1. Except as provided in items 2, 3, and 4 of this item, for a 9
test result indicating an alcohol concentration of 0.08 or more at the time of testing: 10
A. For a first offense, suspend the person’s driving privilege 11
for 180 days; or 12
B. For a second or subsequent offense, suspend the person’s 13
driving privilege for 180 days; 14
2. Except as provided in item 4 of this item, for a test result 15
indicating an alcohol concentration of 0.15 or more at the time of testing: 16
A. For a first offense, suspend the person’s driving privilege 17
for 180 days; or 18
B. For a second or subsequent offense, suspend the person’s 19
driving privilege for 270 days; 20
3. Except as provided in item 4 of this item, for a test result 21
indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was 22
involved in a motor vehicle accident that resulted in the death of another person: 23
A. For a first offense, suspend the person’s driving privilege 24
for 6 months; or 25
B. For a second or subsequent offense, suspend the person’s 26
driving privilege for 1 year; 27
4. For a test result indicating an alcohol concentration of 0.15 28
or more at the time of testing, if the person was involved in a motor vehicle accident that 29
resulted in the death of another person: 30
A. For a first offense, suspend the person’s driving privilege 31 HOUSE BILL 1385 5
for 1 year; or 1
B. For a second or subsequent offense, revoke the person’s 2
driving privilege; or 3
5. For a test refusal: 4
A. For a first offense, suspend the person’s driving privilege 5
for 270 days; or 6
B. For a second or subsequent offense, suspend the person’s 7
driving privilege for 2 years; and 8
(iii) In addition to any applicable driver’s license suspensions 9
authorized under this section, in the case of a person operating a commercial motor vehicle 10
or who holds a commercial instructional permit or a commercial driver’s license who refuses 11
to take a test: 12
1. Disqualify the person’s commercial instructional permit or 13
commercial driver’s license for a period of 1 year for a first offense, 3 years for a first offense 14
which occurs while transporting hazardous materials required to be placarded, and 15
disqualify for life if the person’s commercial instructional permit or commercial driver’s 16
license has been previously disqualified for at least 1 year under: 17
A. § 16–812(a) or (b) of this title; 18
B. A federal law; or 19
C. Any other state’s law; or 20
2. If the person holds a commercial instructional permit or a 21
commercial driver’s license issued by another state, disqualify the person’s privilege to 22
operate a commercial motor vehicle and report the refusal and disqualification to the 23
person’s resident state which may result in further penalties imposed by the person’s 24
resident state. 25
(j) Notwithstanding any other provision of this section, a test for drug or 26
controlled dangerous substance content under this section: 27
(1) May not be requested as described under subsection (b) of this section, 28
required as described under subsection (c) of this section, or directed as described under 29
subsection (d) of this section, by a police officer unless the law enforcement agency of which 30
the officer is a member has the capacity to have such tests conducted; AND 31
(2) May only be requested as described under subsection (b) of this section, 32
required as described under subsection (c) of this section, or directed as described under 33
subsection (d) of this section, by a police officer who [is a trainee, has been trained, or is 34 6 HOUSE BILL 1385
participating directly or indirectly in a program of training that is]: 1
[(i) Designed to train and certify police officers as drug recognition 2
experts; and] 3
(I) 1. IS A MEMBER OF , AND HAS BEEN CERTIFI ED AS A 4
DRUG RECOGNITION EXP ERT BY THE HEAD OF : 5
A. THE DEPARTMENT OF STATE POLICE; 6
B. THE BALTIMORE CITY POLICE DEPARTMENT ; 7
C. A POLICE DEPARTMENT , BUREAU, OR FORCE OF A 8
COUNTY; 9
D. A POLICE DEPARTMENT , BUREAU, OR FORCE OF AN 10
INCORPORATED CITY OR TOWN; 11
E. THE MARYLAND TRANSIT ADMINISTRATION POLICE 12
FORCE; 13
F. THE MARYLAND TRANSPORTATION AUTHORITY 14
POLICE FORCE; 15
G. THE POLICE FORCE OF MORGAN STATE UNIVERSITY; 16
H. THE POLICE FORCE OF A N INSTITUTION WITHIN T HE 17
UNIVERSITY SYSTEM OF MARYLAND; 18
I. A SHERIFF’S DEPARTMENT OF ANY COUNTY OR 19
BALTIMORE CITY; 20
J. THE NATURAL RESOURCES POLICE FORCE OR THE 21
FOREST AND PARK SERVICE POLICE FORCE OF THE DEPARTMENT OF NATURAL 22
RESOURCES; OR 23
K. THE MARYLAND CAPITOL POLICE OF THE 24
DEPARTMENT OF GENERAL SERVICES; AND 25
2. HAS BEEN TRAINED AS A DRUG RECOGNITION EXP ERT 26
BY A LAW ENFORCEMENT AGENCY OF THE STATE OR ANY COUNTY , MUNICIPAL, OR 27
OTHER LAW ENFORCEMEN T AGENCY IN THE STATE DESCRIBED IN IT EM 1 OF THIS 28
ITEM IN A PROGRAM OF TRAINING: 29 HOUSE BILL 1385 7
[(ii) Conducted by a law enforcement agency of the State, or any 1
county, municipal, or other law enforcement agency in the State described in item (3)(i)1 2
through 12 of this subsection:] 3
[1.] A. [In] ADMINISTERED IN conjunction with the 4
National Highway Traffic Safety Administration; or 5
[2.] B. [As a program of training of police officers as drug 6
recognition experts that] THAT contains requirements for successful completion of the 7
training program that are the substantial equivalent of the requirements of the Drug 8
Recognition Training Program developed by the National Highway Traffic Safety 9
Administration; [and] OR 10
(II) IS A MEMBER OF, AND HAS BEEN CERTIFI ED AS HAVING 11
SUCCESSFULLY COMPLET ED ADVANCED ROADSIDE IMPAIRED DRIVING 12
ENFORCEMENT TRAINING BY THE HEAD OF, A LAW ENFORCEMENT AG ENCY 13
DESCRIBED IN ITEM (I)1 OF THIS ITEM IN A PROGRAM OF TRAINING: 14
1. ADMINISTERED IN CONJUN CTION WITH THE 15
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ; OR 16
2. THAT CONTAINS REQUIREMENTS FOR SUCCESSFUL 17
COMPLETION OF THE TR AINING PROGRAM THAT ARE THE SUBSTANTIAL 18
EQUIVALENT OF THE RE QUIREMENTS OF THE ADVANCED ROADSIDE IMPAIRED 19
DRIVING ENFORCEMENT TRAINING DEVELOPED BY THE NATIONAL HIGHWAY 20
TRAFFIC SAFETY ADMINISTRATION . 21
[(3) May only be requested as described under subsection (b) of this section, 22
required as described under subsection (c) of this section, or directed as described under 23
subsection (d) of this section: 24
(i) In the case of a police officer who is a trainee, or who is 25
participating directly or indirectly in a program of training described in item (2) of this 26
subsection, if the police officer is a member of, and is designated as a trainee or a participant 27
by the head of: 28
1. The Department of State Police; 29
2. The Baltimore City Police Department; 30
3. A police department, bureau, or force of a county; 31
4. A police department, bureau, or force of an incorporated 32
city or town; 33 8 HOUSE BILL 1385
5. The Maryland Transit Administration Police Force; 1
6. The Maryland Port Administration Police Force of the 2
Department of Transportation; 3
7. The Maryland Transportation Authority Police Force; 4
8. The Police Force of a University of Maryland campus or 5
another institution in the University System of Maryland or Morgan State University; 6
9. The police force for a State university or college under the 7
direction and control of the University System of Maryland; 8
10. A sheriff’s department of any county or Baltimore City; 9
11. The Natural Resources Police Force or the Forest and Park 10
Service Police Force of the Department of Natural Resources; or 11
12. The Maryland Capitol Police of the Department of General 12
Services; or 13
(ii) In the case of a police officer who has been trained as a drug 14
recognition expert, if the police officer is a member of, and certified as a drug recognition 15
expert by the head of one of the law enforcement agencies described in item (i)1 through 12 16
of this item.] 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2022. 19