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PORTILLO FUNES v. STATE

No. 65, Sept. Term, 2019.

230 A.3d 121 (2020)

469 Md. 438

Walter Elenils Portillo FUNES v. STATE of Maryland.

Court of Appeals of Maryland.

June 30, 2020.

Attorney(s) appearing for the Case

Argued by Brian L. Zavin, Assistant Public Defender (Paul B. DeWolfe, Public Defender, Maryland of Baltimore, MD), on brief, for Petitioner

Argued by Menelik Coates, Assistant Attorney General (Brian E. Frosh, Attorney General, Maryland of Baltimore, MD), on brief, for Respondent

Barbera, C.J. McDonald, Watts, Hotten, Getty, Booth, Biran, JJ.

In the 1950s and 1960s, many states, including Maryland,1 passed "implied consent" laws to encourage suspected drunk drivers to submit to chemical testing. These statutes are based on the rationale that a condition precedent for the privilege of driving on a state road is a driver's consent to permit chemical...

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