§ 8-738.1. Operating vessel while under the influence of or impaired by alcohol and/or drugs -- Testing required

   (a) In general. -- If a person is involved in an accident while operating or attempting to operate a vessel that results in the death of, or a life-threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been operating a vessel or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance, the person shall be required to submit, as directed by the police officer, to a test of:

   (1) The person's breath to determine alcohol concentration;

   (2) One specimen of the person's blood to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person's blood; or

   (3) Both the person's breath under item (1) of this subsection and one specimen of the person's blood under item (2) of this subsection.

(b) Applicability of § 10-304 of Courts Article. -- If a police officer directs that a person be tested, then the provisions of § 10-304 of the Courts Article apply.

(c) Medical personnel who performs test not liable. -- Any medical personnel who perform any test required by this section are not liable for any civil damages as a result of any act or omission related to the test, not amounting to gross negligence.

HISTORY: 2010, ch. 307, § 2.