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.
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.
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.
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