Can My DUI conviction in MD affect my DUI conviction in VA. Will it count as a second DUI?

Asked about 2 years ago - Centreville, VA

I got a Dui, Dwi and a Dui per se in Md back in 2010. My punishment was a PBJ "Probation before Judgement". I got probation for a year, Alcohol education and court fines. I just recently got another DUI in Virginia (Sept 2012) with a BAC of .19.

Attorney answers (5)

  1. Carleton Penn III


    Contributor Level 12


    Lawyers agree

    Answered . In Maryland, did you return to court to have the earlier DUI dismissed and were you otherwise compliant with the terms and condotions in MD? If you were convicted in MD, yes, it will count as asecond if all other criteria are satisfied. If the earlier charge was dismissed, it should tried as a first DWI. Rest assured the Assistant Commonwealth Attorney will comment on your record if tried and into consideration with any plea agreement. With a .19, if that BAC comes into evidence, you are facing a minimum mandatory jail sentence. You better hire a good DWI Defense Attorney.

  2. Paul McGlone


    Contributor Level 13


    Lawyers agree

    Answered . Since you got a pbj in MD there is a good chance they won't see it. Carleton is right that they will consider it if they see it. If you are my client I will have you starting progrAms before court.

  3. Robert Laurens Driessen

    Contributor Level 20


    Lawyers agree

    Answered . Yes this could be potential used as a prior. You will need your attorney to look to see if the prior DUI meets all the requirements. Make sure you get an attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  4. Matthew Stephen Kensky

    Contributor Level 7


    Lawyers agree

    Answered . I agree with Paul McGlone- he is a brillant lawyer. Shouldn't you already have a lawyer for this Sept. 2012 DWI case, who should be able to easily answer this question?

  5. Darren Douglas Meyer

    Contributor Level 9


    Lawyer agrees

    Answered . It depends on whether your Maryland DUI was a conviction. If it was ultimately dismissed it will not be used as a prior conviction for enhancement purposes. If you were ultimately convicted I believe the Maryland conviction could be used for enhancement purposes. There are many other issues that can be relevant when determining whether an out of state conviction can be used against you.

    It is imperative you contact a dui lawyer that is familar with these issues. If you would like a consult feel free to contact me.

    Darren Meyer
    (540) 840-8470 - cell

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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