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Hyle v. Motor Vehicle Administration11/20/1997
bmit to such tests, that no inference or presumption concerning either his guilt or innocence might arise by reason of his refusal to submit to such a test, and that the fact of his refusal to so submit should not be admissible into evidence at his trial. During the statute's trip through the General Assembly, there was added the provision that the specimen of blood, breath or urine must have been taken within two hours after the person being prosecuted was first apprehended by the arresting officer." (Footnote omitted).
Id.
Because the legislature did not intend to rest the decision of which test to administer with police officers, we also note, as the legislature may well have, our concern that the staffing of qualified people to administer a test is a factor far too easily manipulated. The unavailability of qualified technicians is far more discretionary than the availability of the testing equipment. If this Court interpreted equipment as used in § 10-305 to encompass a qualified technician, a great deal of discretion would be given to the police. For example, a police department could schedule a trained technician only during certain hours thereby forcing defendants to submit to a blood test whenever the police department chooses not to schedule a technician for duty. A law enforcement agency that has a breath test apparatus should have sufficient officers trained in its use to assure that a qualified technician could be called in within two hours of an arrest. Since § 10-303 requires the test to be administered within two hours after the licensee is apprehended, this should be ample time for a qualified person to be called in. A decision otherwise would give the police the discretion to select a more invasive blood test over a breath test. This may be the very reason that the legislature decided to include the term "equipment" and not qualified person in § 10-305(a)(3).
In light of the plain language used in the statute, viewed in a commonsensical way, and the legislative history of § 10-305, we hold that qualified person is not encompassed within the definition of equipment. When it amended § 10-305 in 1983, the legislature clearly expressed a preference for breath tests over blood tests, while at the same time rejecting the opportunity to vest the police officer with the discretion to choose the type of test. Because the statutory conditions of § 10-305(a) were not met, Hyle was only required to do what he did, submit to a breath test, and was not required to submit to a blood test. Hyle's subsequent refusal to submit to a blood test was not a violation of § 16-205.1. Thus, we reverse the judgment below.
JUDGMENT OF THE CIRCUIT COURT FOR WORCESTER COUNTY, MARYLAND REVERSED. COSTS OF THESE PROCEEDINGS TO BE PAID BY WORCESTER COUNTY.
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