What are the consequences for a second DUI in Maryland when my first case received PBJ?

Asked about 1 year ago - Frederick, MD

I am being charged with a DUI for the second time. My first DUI charge occurred almost 5 years ago (in 2 months). Will I be charged as a a first time offender since I was never actually convicted of a DUI? I have heard that I would, but have also been told the judge might make an example of me because I got a second chance the first time and have messed up again. Both DUI's I had a BAC of 0.09. I was on supervised probation from November 2008 through May 2010. There was a small confusion during that with whether or not I was required to go to alcohol classes, and I did end up going after it being clarified in October 2009. I am a single mom and really can't afford to lose my license, have an interlock or extensive alcohol counseling fees.

Attorney answers (6)

  1. Scott R. Scherr

    Contributor Level 19

    10

    Lawyers agree

    Answered . You are not eligible for another PBJ since it is your second offense within 10 years. Under the law, you are not eligible for another PBJ. Although you do not have a prior conviction as a result of the prior probation, the judge will know about the PBJ and will treat it as a second offense.

    There is a very short timeframe to request an administrative hearing or your license will be suspended. If your license was suspended within the previous five years under Section 16-205.1 for the prior DUI, you may not be eligible for a modified license for work and alcohol treatment. There may be technical defenses depending upon the facts and circumstances to fight the suspension. Otherwise, you would be limited to the ignition interlock for one year. If you fail to request a hearing timely, you could give up these rights. The law is complex.

    You are going to have to as soon as possible be evaluated and treat in an alcohol treatment program. You could get jail time since you have a prior PBJ and you need to take this very seriously. The court will have no sympathy to your financial issues.

    If you are convicted, you will again face yet another possible suspension or revocation of your driver's license.

    In a nutshell, you face serious consequences to your license and freedom. You need an attorney. You should as soon as possible hire an attorney. The time deadline for the administrative hearing is very short so I would call one today.

    If you cannot afford a private attorney, you should contact the Public Defender. However, they will not represent you at the administrative hearing.

    Office: 410-821-2910; e-mail: sscherr@fslawoffice.com. This answer is being given for general informational... more
  2. William Lawrence Welch III

    Contributor Level 17

    10

    Lawyers agree

    Answered . You face an enhanced penalty of up to two years imprisonment, fines, and loss of your driver's license. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor... more
  3. Jason W Cleckner Esq.

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . You will ABSOLUTELY not be treated like a first offender. First of all, you can't get 2 PBJs inside 10 years (not 5 like it used to be). Second, MVA controls your license, and you are a 2nd offender for that purpose also and are facing 90 days suspension based upon the 2nd offense .08 or above. But luckily, that license could be restricted for work/school/medical/treatment purposes. But you will have a much harder time doing that now than you did on the first one. A lot of administrative judges would offer interlock but not a restriction. AND worse, they may refer you to the medical advisory board which will screw up your license even more. You may need to make a strategic decision about whether to even go to MVA. Please contact me ASAP so I can get more details from you and figure out a solution.

    Nothing posted on Avvo or in response to an Avvo question or request is intended to be considered legal advice.... more
  4. Mark William Oakley

    Contributor Level 18

    9

    Lawyers agree

    Answered . It will be treated as a second offense for sentencing purposes if you are found guilty. You are not entitled to a second pbj; therefore, if guilty, the conviction will result in points and a suspension hearing before the MVA. Jail, fines, probation, etc., is all up to the judge. .09 is not terrible, and keeps the maximum penalty limited to 60 days in jail/$500 fine and 8 points. Post no more details on line and hire a defense attorney ASAP. There are a number of things which you can begin doing now to prepare for this case and mitigate any potential consequences. I do not know why you say you cannot afford to have an interlock (other than the expense, which is not that high), because if the MVA decides to suspend you, the only alternative offered to you may very well be the interlock. If you need a car to work, that would be the way to go. But you may have defenses, and many things can happen which may avoid any particular result. Seek counsel.

  5. Patrick Erney Maher

    Pro

    Contributor Level 12

    9

    Lawyers agree

    Answered . If you are convicted, you will be treated by the court as a second offender. You are also facing issues with the MVA, as they will seek to suspend your driver's license for the breath test reading, and again seek to revoke/suspend your license after the trial if you are found guilty. You should contact an attorney who is well versed in DUI defense immediately

    I am pleased to communicate with you concerning legal matters. However, if you communicate with me through this... more
  6. William A Simmons

    Contributor Level 5

    9

    Lawyers agree

    Answered . You need to have an attorney evaluate your case based on your history and current situation regarding alcohol. Appointments are usually free. Fees often very from attorney to attorney. You can't get reliable information regarding your facts and defenses without an appointment by phone or in office.


    If you are on DUI event no. 2, then jail becomes more likely, but not an absolute. Improve your position through AA. Fees can be reduced by simply attending AA and having your attendance documented. AA meetings cost nothing. You will be able to show that you took action and perhaps stop drinking long before the first court date. Waiting will not help you, but delay your effort to solve this problem


    Call me or another attorney immediately to move forward in the process. 301-943-0624



    William A. Simmons
    Butler & Simmons, P.A.
    Attorneys & Counselors at Law
    11501 Georgia Avenue, Suite 100
    Silver Spring, MD 20902
    301-933-6400
    301-942-0734 facsimile
    ButlerandSimmons.com

    The information contained in this e-mail message is information protected by the attorney client privilege and/or the attorney work product privilege and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office immediately by telephone and return the original message by e-mail. Thank you.

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