Unfortunately, for this person their new driving under the influence case will be considered a second offense by the State's Attorney's Office for Baltimore City and the court. Even though, this potential client was not convicted of their first driving while impaired, a PBJ for a DUI/DWI in Baltimore City is treated as a conviction for sentencing purposes and cannot be expunged from your record.
Additionally, this potential client is not eligible for another PBJ because they already recieved a PBJ for a DUI/DWI within 10 years.
It's imperative that you hire an attorney if you are charged with driving under the influence in Baltimore City. Especially, if you are a multiple offender. Some State's Attorney's Offices in Maryland, like Harford County, recommend jail for second DUI/DWI offenders. In fact, Harford County's standard offer for a second time offender is 30 days in jail.
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