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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30180
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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i got a pbj 23 years ago and got a new dwi now does the new

Customer Question

i got a pbj 23 years ago and got a new dwi now does the new dwi count as my first or second and can the judge use the old pbj against me in sentensing , this is in maryland
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

The probation before judgment remains on a person's record forever. It's not like a traffic ticket where the points drop off after a few years. However, a PBJ that is more than ten years old is not used in determining whether a person is eligible for PBJ on a new offense.

If you are not eligibile for PBJ, this will be considered your second DUI, and the judge may consider the PBJ when determining a sentence, in accordance with the Maryland Sentencing Guidelines.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.