Maryland Resident with previous DUI Received DUI in DE

UPDATED: Jul 6, 2009

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Maryland Resident with previous DUI Received DUI in DE

I have a DUI in MD from 2005 which I received a PBJ (probation before judgment) for. I recently was charged with a DUI in DE. Will the PBJ for my first DUI in MD count as a first conviction in DE? There is a mandatory jail term of 60 days for a second conviction in DE.

Asked on July 6, 2009 under Criminal Law, Maryland


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'd expect that you are now looking at a second offense, on the Delaware charge;  at the very least, you will have to do the full sentence for a first offense, with no diversionary program possible.  You should talk to a Delaware lawyer about this, for detailed advice about what you are facing.

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