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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23181
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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hi my name is XXXXX XXXXX am 26. I just have arrived at US to

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hi my name is XXXXX XXXXX am 26. I just have arrived at US to spend 1 year studying. besause I am new here I didnt know about the drink and drive law. I was stopped by a policeman when going back of a dinner with some friends. I had drink 2 beers and I did the test and my BAC was 0.07. The policeman sent me home but said that i need to go to a court. I dont know do and what can happened to me.
Hello Pedro,

Given that you are here on a student visa, you should have a criminal lawyer with you when you go to court. Maryland's law requires that you have at least a .08 before you can be charged with driving while intoxicated. Maryland will charge you with driving while impaired if you blew a .07.

The impaired is a misdemeamor charge, just like the DUI but it has lighter penalties. The maximum possible penalty is 2 months in jail, a 6-month suspension of your driving license, and a fine of up to $500.

Since there's margin of error on the breathalyzer test, a lawyer may be able to get this matter reduced to something less costly for you. However, the possibility of jail should not be a real worry to you, on a first arrest with a charge of this kind. And it is not a deportable offense.
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Customer: replied 3 years ago.
So do You think that my penalty will paid up to US$500?
Hi Pedro,

A fine is likely, and your lawyer should be able to bargain it down below the $500 if you have to plead to the impaired. But he may be able to do something even more for you so that you can come out of this case without a criminal record. The state of Maryland has what we call "diversion" opportunities for which you'd likely be eligible with this case. That's where you have a period of supervision, anti-alcohol/driving classes and a fine and at the end, if you stay out of trouble the case will get dismissed. He should be able to negotiate for something like that for you.

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