I just got 2nd dwi 3 yrs and 1 month apart in Maryland. First one was a pbj did outpatient therapy and completed probation. If I go into inpatient rehab before trial can I get another pbj? If not can I do anything to stay out of jail and keep my drivers license?
2 Answers from Attorneys
The court is not supposed to grant a second pbj if it is within 10 years of the first. Substance abuse evaluation and as much treatment as possible before court are excellent mitigation. Possibly a suspended sentence and seek a hearing with the MVA.
The statute prohibits a second one within 10y. And you must request a hearing at MVA after Court if you are convicted. But why assume you will be convicted when there are several possible DUI defenses out there. I would get a lawyer immediately.
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