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What is a Maryland DUI/DWI probation before judgment (PBJ)?
Maryland's probation before judgment, or PBJ as it is commonly referred to, is a possible outcome in a Baltimore City DUI/DWI case. A PBJ can be obtained during plea negotiations with the Assistant State's Attorney and court or by sentence of the court after a guilty plea or finding of guilty after a trial. In order to receive a PBJ, the Baltimore City DUI/DWI defendant must first be found guilty. Then, the court will strike the guilty finding and grant the defendant the benefit of a PBJ.
Who qualifies for a DUI/DWI PBJ in Maryland?
Maryland Criminal Procedure §6-220 limits when a Baltimore City defendant can receive a probation before judgment. One of the most common limitations is for a second DUI/DWI if the defendant has had one in the past 10 years.
What does a DUI/DWI sentence of PBJ include in Maryland?
A DUI/DWI sentence of probation before judgment can include a period of supervised probation, unsupervised probation, a fine, and/or time served.
You have no right to appeal a DUI/DWI PBJ in Maryland
In order to receive a PBJ, a Baltimore City DUI/DWI defendant must give up their right to file an appeal because a PBJ is not a conviction.
A DUI/DWI PBJ is not a conviction in Maryland
A DUI/DWI PBJ in Maryland is not a guilty conviction. Therefore, no points are attached to the Baltimore City defendant's driving record. Additionally, the Baltimore City defendant can report that they were not convicted of a crime.
Maryland DUI/DWI PBJs and Expungements
Under Maryland Law, a Baltimore City DUI/DWI defendant is not entitled to an expungement, even if they receive a PBJ.
Contact Baltimore City DUI/dWI Attorney Ross Albers for a free home consultation.
If you are a defendant in a Baltimore City DUI/DWI case and have questions regarding receiving or expunging a PBJ, then call Baltimore City DUI/DWI Attorney Ross Albers for a free home consultation at 443/538-8717.