Facing a second driving under the influence (DUI) charge can be even more daunting than your first. For a second DUI offense, the consequences are greater. For a second DUI, you will likely want the assistance of an experienced DUI attorney to help you through the process.
BUT I HAD A PBJ FOR MY FIRST DUI
Even though you may have been on probation before judgment and not technically convicted for your first DUI, the court will still look at your second DUI arrest as your second DUI. PBJ for a DUI/DWI in Maryland is treated as a conviction for sentencing purposes and cannot be expunged from your record.
WHAT ARE THE CONSEQUENCES OF A SECOND DUI?
A second DUI offense in Maryland is punishable by up to two years in jail and/or $2000 in fines. If a minor child was in the vehicle at the time of the arrest, the penalty goes up to three years in jail and $3000 in fines.
In addition, under Maryland Code § 27-101, a driver convicted of two DUIs within a five-year period faces a mandatory sentence of five days in jail. If a driver receives two alcohol-related driving charges within a five-year period, he or she must complete a mandatory alcohol abuse assessment and participate in a court-ordered alcohol abuse program. For a second DUI charge in Maryland, it is also important to note that you will not be eligible for probation before judgment (PBJ) unless ten years have passed since the last DUI charge.
WHAT ABOUT MY DRIVER’S LICENSE?
A driver convicted of a second DUI offense will have 12 points added to their license and face license revocation for up to one year, under the Maryland Motor Vehicle Administration rules. This revocation will be imposed if you have been convicted of two DUIs within a five-year period. Participation in the Ignition Interlock Program for one year will follow the license revocation.
Even if you aren’t convicted of a second DUI, but you refused to take a breathalyzer test for the second time, you face a two-year suspension of your license. So if you’re pulled over for your second DUI, you may want to weigh that fact when considering whether to refuse the breathalyzer test.
CONTACT AN EXPERIENCED DUI ATTORNEY
An arrest for a second DUI can have serious consequences. That’s why it’s important to have an experienced DUI attorney on your side. Contact Alpert Schreyer or call us at (301) 494-9620 and we will work relentlessly to provide you with the best defense.
