(a) A person may not cause the death of another as a result of the person's negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5-101 of this article.
(b) A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(2)(i) A person who violates this section, having previously been convicted under this section, § 2-209 , § 2-210 , § 2-503 , § 2-504 , § 2-505 , or § 3-211 of this article, or § 21-902 of the Transportation Article , is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2-209 , § 2-210 , § 2-503 , § 2-504 , § 2-505 , or § 3-211 of this article, or § 21-902 of the Transportation Article , shall be considered a violation of this section.
(d) This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.