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Sam
Sam, Attorney at Law
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Mr. M was pulled over by the police and subjected to a breathalizer

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Mr. M was pulled over by the police and subjected to a breathalizer test. His breath speciment was found to contain an alcohol concentration of .04. However, the police officer still cited him for Driving While Impaired, and now he has to appear in court.

It is Mr. M's understanding that under Maryland law, he would have had to blow at least a 0.7 to be cited for such an offence. Is Mr. M's understanding correct? If yes, should he still appear in court? If no, what possible defenses could he put forward in court?

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

If Mr M is of legal drinking age (at least 21) then you are correct - a .07 could get an arrest for a DUI. .08 is a DWI.

If he is under the age of 21, then a .02 could get him charged for underage drinking and also driving while under the influence.

I suggest that he will want to get a local attorney to file for Discovery to get the results of the BAC and then proceed to have the matter dismissed.

If he wants to handle this himself, then he needs to Enter his Appearance in the matter at the court house and then file a Discovery Motion for the results.


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