What Is Probation Before Judgment?

Facing a DUI or DWI charge in Maryland can be frightening, especially if it’s your first encounter with the criminal justice system. While it is natural to feel overwhelmed, know that Maryland law provides an option called Probation Before Judgment (PBJ). This may help you avoid some of the most serious long-term consequences of a conviction.

Understanding how PBJ works, and what it means for your driving record and insurance, can help you make informed decisions. Having an experienced Baltimore criminal lawyer on your side makes a significant difference when it comes to negotiating with prosecutors and presenting your case effectively to the judge.

Who Is Eligible for PBJ in a DUI/DWI Case?

Probation Before Judgment is a legal disposition that allows a judge to strike a conviction and place the defendant on probation instead. Essentially, the judge finds you guilty but withholds entering that judgment into the record. If you successfully complete probation and meet all court-ordered conditions, the conviction is never formally entered against you.

This is especially valuable in many DUI and DWI cases, but it’s also important to recognize that PBJ is not automatic. You must be eligible, and the judge must agree that you deserve the opportunity.

PBJ is generally available for first-time offenders or individuals with no prior DUI/DWI convictions within the past 10 years. Judges evaluate each case individually, considering factors such as blood alcohol concentration (BAC), driving history, and any aggravating circumstances (such as an accident or injuries).

If you’ve previously received PBJ for a DUI or DWI, you typically cannot receive it again for another alcohol-related driving offense within the 10-year period.

What Are the Benefits?

The main benefit of PBJ is that it allows you to avoid a permanent criminal conviction. This can make a major difference when applying for jobs, professional licenses, or housing. Additionally:

• No points on your driving record. When a DUI or DWI results in PBJ, the Maryland Motor Vehicle Administration (MVA) does not assess points against your license. This helps you avoid license suspension or revocation that might otherwise occur.
• Record shielding eligibility. After a waiting period, you may be eligible to have the PBJ record shielded from public view, meaning most employers and landlords won’t see it.
• Avoiding a conviction for insurance and employment purposes. Because a PBJ is not a conviction, it may lessen the impact on your auto insurance rates and professional reputation.

While PBJ protects you from license points, insurance companies may still learn about the incident. Some insurers review court or MVA records and could adjust rates based on the underlying offense. That said, having PBJ rather than a conviction often results in less severe insurance consequences compared to a full conviction. Talk to a Baltimore criminal lawyer to learn more.

What are your options following a drunk driving arrest? If you’ve been charged with a DUI or DWI in the state of Maryland, connect with the attorneys at Iamele & Iamele, LLP as soon as possible. Contact us to book a confidential appointment.