Legal Question in DUI Law in Maryland

I had a dui when I was 21 and I'm 24 now no problems with the law during the duration of my dui which was pbj and had an interlock placed on my car. I just got my 2nd dui Could I still get pbj again? I live in Maryland


Asked on 1/03/12, 2:20 pm

6 Answers from Attorneys

Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

By law, you cannot receive a 2nd PBJ within 5 years. You really need to speak with an experienced DUI attorney.

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Answered on 1/03/12, 2:35 pm
Michael Bruckheim Law Office of Michael Bruckheim, LLC

You would not be eligible for a 2nd PBJ. Depending on your jurisdiction, a 2nd offense could bring the risk of jail time, even if you opt to do a plea. Where did your arrest take place? You hsould absolutely consult with a DUI attorney and be prepared to fight this one at trial. Feel free to contact me at no charge if you have any further questions. You can find my information at www.brucklaw.com.

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Answered on 1/03/12, 3:23 pm
William Welch William L. Welch, III Attorney

Although I have seen it happen in extraordinary cases, the law does not permit it. Beware that in addition to possible incarceration, you face both alcohol and points suspensions at M.V.A. There is a lot you should try to do before your court and M.V.A. hearings to try to mitigate the result. You should be prepared to present good mitigation at sentencing, even if you intend to try your case, because you do not control the outcome.

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Answered on 1/03/12, 4:52 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

Actually there was a recent law change prohibiting a 2nd DUI/DWI PBJ within 10 years of another one or a conviction. You could easily go to jail, though. Get a good lawyer to fight like hell.

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Answered on 1/03/12, 6:35 pm


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