Legal Question in DUI Law in Maryland

A .04 gives a presumption that you are not under the influence. Did they have you blow once on the machine and then ask for a blood draw? Usually if there is a low breath, they ask for blood so they can see if you are potentially under the influence of any substances other than alcohol. Chances are the State will still file charges but there are some clear arguments to get them to drop it based on the score. What was the officer's stated reason for pulling you over?

While .04 does not support driving under the influence, it might support driving while impaired. The law does not have a minimum below which you may not be convicted. Although dwi is 8 points instead of 12, both carry up to a year in jail.

You should expect the State's Attorney to fight to get a conviction, and you should get a lawyer who knows the law and rules of evidence to fight like hell against them.