Chemical test for alcohol, drug or controlled dangerous substance content -- Type of test administered

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    (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is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.


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