When charged for driving under the influence (DUI) in Maryland, you may be facing penalties like fines, a suspended license, jail, or an ignition interlock device. You might feel overwhelmed and hopeless about your case. However, you may have another option, especially if this is your first offense. The “Probation Before Judgment” (PBJ) disposition can provide eligible individuals charged with DUI offenses another, more rehabilitative path.

Probation Before Judgment is a disposition unique to Maryland and may be a way to avoid having a conviction (and points on your MVA record) for a DUI charge. If you are offered a PBJ, you are placed on probation before the enrollment of the DUI conviction against you. However, whether or not to offer a PBJ disposition lies solely in the discretion of the judge. The judge may also impose conditions on the PBJ disposition such as alcohol or drug counseling, community service, or other terms and obligations.

If an individual receives a Probation Before Judgment disposition, the DUI charge is not reflected on their 3-year driving record. The only people who can obtain the PBJ disposition through MVA records are the licensee, law enforcement and the courts – not future employers, insurance companies, or banks.  Unfortunately, the PBJ disposition will still be discoverable on the Maryland Case Search website at this time.

Who is eligible for Probation Before Judgment in Maryland?

While nobody is automatically eligible for PBJ, it is typically available to those charged with DUI/DWI for the first time. Even subsequent offenders may be eligible for consideration for a PBJ disposition; however, their previous DUI conviction must have been 10 or more years prior.

What are the advantages of Probation Before Judgment?

The biggest benefit of PBJ is that your will receive no points on your MVA record for the DUI offense and you can honestly state that you were not convicted of the DUI offense. This will help you to avoid the consequences of a criminal conviction. Again, you can state truthfully on employment, lease, bank, and other forms that you have never been convicted of this offense.

Another benefit to the PBJ program is that your DUI offense will not appear on an MVA record obtained by your auto insurance company and you also will not receive any points on your driver’s license.

What are the disadvantages of Probation Before Judgment?

There are a few disadvantages to the PBJ program. For one, by accepting PBJ, you waive your right to file an appeal later. This is because Probation Before Judgment is not a conviction. Additionally, it is important to remember that you will be on probation. If you violate those terms, you may lose the PBJ disposition, have a conviction imposed (along with the associated MVA points on your license), and be incarcerated for violating your probation and have additional conditions imposed on your probation.

Lastly, a Probation Before Judgment disposition may not be for everyone. If you have a Commercial Driver’s License (CDL) or are not a United States citizen, a PBJ for a DUI is still considered a conviction by the federal government and can cause you to lose your commercial driving license status.  Therefore, it is extremely important that you speak to a qualified attorney before making any decisions about how to handle your DUI case.

At Carey Law Office, we can help you explore your options if you are facing DUI/DWI charges. We represent your best interests in and out of the courtroom. If you would like to schedule a consultation with a DUI defense lawyer, please call 301-464-2500 or fill out our contact form. We serve clients in and around Bowie and Crofton.