Legal Opinion

(2002)

Maryland Attorney General Reports

Decided September 12, 2002Published

1Opinion of the Court

Dear Leonard C. Collins, Esquire

You have asked us to interpret a provision of the Motor Vehicle Law that requires a motorist involved in a fatal or life — threatening accident to submit to a test for alcohol or drugs when there are reasonable grounds to believe that the person has been driving under the influence of alcohol or drugs.

Specifically, you have asked if this statute authorizes law enforcement officers to use force against the motorist to obtain a blood or breath sample for the test.

In our opinion, because this provision makes testing compulsory, the implication is that law…

2Cases cited13 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. State v. MoonCourt of Appeals of Maryland · 1981
  5. State v. RavottoSupreme Court of New Jersey · 2001

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