1. (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. (1) A test of blood if:

      1. (i) The defendant is unconscious or otherwise incapable of refusing to take a test to determine alcohol concentration;
      2. (ii) Injuries to the defendant require removal of the defendant to a medical facility;
      3. (iii) The equipment for administering the test of breath is not available; or
      4. (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. (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.
2. (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.
3. (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is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1981, c. 240; Acts 1983, c. 289; Acts 1989, c. 284; Acts 1990, c. 413; Acts 2000, c. 629, § 1, eff. Oct. 1, 2000; Acts 2004, c. 468, § 1, eff. Oct. 1, 2004.

Formerly Art. 35, § 100.