If you’ve been charged with driving under the influence (DUI) or driving while impaired (DWI) in Maryland, you may have heard the term “Probation Before Judgment” (PBJ). This option can significantly reduce the long-term consequences of a conviction, but it’s not automatic—and it’s not always the best choice in every case.
Here’s what you need to know.
What Is Probation Before Judgment in Maryland?
Probation Before Judgment is a legal disposition under Maryland law (Criminal Procedure § 6-220) that allows a judge to place a defendant on probation without entering a conviction on their record. This means:
- You must first plead guilty or be found guilty at trial.
- The judge then withholds the conviction and instead places you on probation.
- If you successfully complete probation, no conviction will appear on your public criminal record.
This can be a major advantage for first-time offenders, especially in DUI or DWI cases, where long-term consequences can include a permanent criminal record and license suspension.
Who Is Eligible for PBJ in a Maryland DUI Case?
Eligibility for probation before judgment in Maryland DUI cases is at the judge’s discretion. You may be considered for PBJ if:
- This is your first DUI or DWI offense.
- You have a clean driving and criminal record.
- You show remorse, take responsibility, and complete any court-ordered treatment or education programs.
However, there are important restrictions. For example:
- You are generally not eligible for PBJ if you’ve previously received it for a DUI or DWI.
What Are the Benefits of PBJ?
If granted, PBJ can protect you from many of the harshest consequences of a DUI:
- No criminal conviction: You avoid a conviction on your public record, which can help with employment, housing, and licensing.
- Points are not added to your driver’s license: This can prevent insurance increases and protect your ability to drive.
- You may avoid jail time, especially if you comply with probation terms.
Does PBJ Mean It Won’t Show Up on Background Checks?
Not necessarily. Even with PBJ, the case may still appear on certain background checks. However:
- It will not be reported as a conviction.
- You may be eligible to shield or expunge the record, depending on the circumstances.
It’s important to talk to a DUI lawyer to understand your options for record clearing.
How Does PBJ Affect Your Driving Record?
When you receive probation before judgment, the Maryland Motor Vehicle Administration (MVA) will not assess points against your license. This is especially important in DUI cases, where a conviction could otherwise lead to:
- 12 points for DUI
- 8 points for DWI
PBJ protects your driving record and helps you avoid license suspension, but you still need to meet all court and MVA requirements.
Should You Accept a PBJ?
Whether you should accept PBJ depends on your specific case. A few things to consider:
- PBJ counts as a prior offense if you are charged again. This could lead to harsher penalties in the future.
- It might not be the best option if the case is weak or there are solid defenses available.
Before accepting any plea, talk to an experienced Southern Maryland criminal lawyer. An attorney can help you weigh the benefits of PBJ versus fighting the charges.
Get Legal Help for DUI and Probation Before Judgment in Maryland
If you’re facing DUI or DWI charges in Maryland, especially in Prince George’s, Charles, St. Mary’s, or Calvert County, the outcome of your case could impact your future for years. Whether you’re considering probation before judgment or planning to fight the charge, having the right legal guidance is crucial.
Contact us today for a free consultation and find out how we can protect your rights and your record.
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