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.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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.
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. Www.mcglonelaw.com
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?
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.
(540) 840-8470 - cell
Sign up to receive a 3-part series of useful information and legal advice about DUIs.