Md. Code, Courts and Judicial Proceedings § 10-309
This is the official text of Md. Code, Courts and Judicial Proceedings § 10-309, part of Maryland’s Code, Courts and Judicial Proceedings — governs court structure and civil procedure.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§10–309.
Official statutory text
(a) (1) (i) 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.
(ii) 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.
(2) The fact of refusal to submit is admissible in evidence at the trial.
(b) This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.
(c) 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.
(d) 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.
(ii) 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.
(2) The fact of refusal to submit is admissible in evidence at the trial.
(b) This section does not limit the provisions of the vehicle laws regarding the consequences of refusal to submit to a test or tests.
(c) 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.
(d) 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.
Status: in_force · Read it on the official government site
Need a lawyer in Maryland?
Find a Maryland lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.