MOTOR VEHICLE ADMINISTRATION v. JAMES R. NELSON
Court of Appeals of Maryland, Watts, Dec. 13, 2018,
DUI – Implied Consent – An officer requesting that a driver take an alcohol concentration test is not required to specifically advise the driver whether the test will be a blood test or a breath test.

Facts:
In 2016, an officer in St. Mary’s County observed a single-vehicle collision where James Nelson was sitting in the driver’s seat.
When the officer approached, Nelson stated that he was drunk and smelled of alcohol. Nelson had a cut on his face and was unable to move.
Nelson was transported to the hospital for treatment.
Nelson was read his DR-15, which explained that failure to submit to an alcohol concentration test would result in his license being suspended.
Nelson refused the test and requested an administrative hearing with MVA, arguing that his license should be reinstated because the officer failed to specify whether the test would be a blood or breath test.
MVA suspended Nelson’s license. Nelson then appealed and the circuit court overturned the MVA suspension, finding that the officer should have specified that the test would be a blood test.
The MVA then requested review by the Court of Appeals.

Held: The Court held that an officer is only required to request an alcohol concentration test. The officer doesn’t have to specify whether the test will be blood or breath.

Implied Consent – Any person who drives on a highway or private property used by the public has consented to take a test for alcohol/drugs on request by an officer with reasonable, articulable suspicion that the driver is DUI/DWI

Implied Consent – If a driver refuses to submit for testing as required, his/her license will automatically be suspended.

Alcohol Concentration Test – An alcohol concentration test will ordinarily be a breath test, but will be a blood test if:
– The driver is unconscious or otherwise incapable of refusing to take a test
– Injuries to the driver require transport to a medical facility
– Breath-test equipment is not available
– Or breath or blood or both if the driver was involved in a collision resulting in death or life-threatening injury

Alcohol Test – A driver doesn’t get to negotiate with regard to which test (blood/breath) he will take.