What Is Probation Before Judgment?
Probation Before Judgment (PBJ) is authorized under Maryland Criminal Procedure Article §6-220. It allows a court, after a finding of guilt or a guilty plea, to defer entering a conviction and instead place the defendant on a period of probation. If probation is completed successfully, no conviction is entered on the criminal record.
This is a meaningful legal distinction: a PBJ is not a conviction. It will not appear as a guilty finding on your criminal record, and it may be eligible for expungement after the probationary period is complete. For many first-time DUI defendants, achieving a PBJ is the single most important outcome in the entire case.
PBJ Eligibility for DUI in Maryland
There is no absolute statutory bar to PBJ on a first DUI offense — but the following factors strongly influence whether the court will grant it:
- Prior criminal record — A clean record significantly improves PBJ prospects. Any prior criminal history, particularly alcohol-related offenses, will be considered.
- Prior PBJ on an alcohol offense — PBJ is generally available only once for an alcohol-related driving offense. If you have previously received a PBJ on a DUI or DWI, a second PBJ on a subsequent charge is unlikely.
- BAC level — A very high BAC (0.15% or above) makes PBJ more difficult to obtain, as courts view it as evidence of significant impairment.
- Aggravating circumstances — An accident, injuries to others, a child in the vehicle, or particularly dangerous driving behavior all reduce PBJ prospects.
- Pre-sentencing preparation — Voluntary completion of an alcohol education program, participation in a substance abuse evaluation, and letters of support can meaningfully improve PBJ prospects.
The PBJ Process in Maryland DUI Cases
Retain Counsel Early
PBJ preparation begins well before the sentencing date. An attorney can identify what pre-sentencing steps are most likely to be effective in the specific court where your case is pending.
Complete an Alcohol Education Program
Most Maryland courts look favorably on voluntary completion of an approved alcohol education or treatment program before sentencing. This demonstrates acceptance of responsibility and reduces perceived risk to the court.
Obtain a Substance Abuse Evaluation
A professional substance abuse evaluation documenting low-risk status and the absence of dependency can be powerful evidence at sentencing, particularly where the BAC was elevated.
Gather Supporting Documentation
Letters of support from employers, community members, and family members can provide context about the defendant's character and standing in the community.
Present the PBJ Request at Sentencing
Your attorney presents the argument for PBJ at the sentencing hearing, addressing the court's concerns and advocating for the disposition on the basis of the full picture of your circumstances.
Complete Probation Successfully
PBJ probation typically involves regular check-ins, continued abstention from alcohol-related offenses, and completion of any court-ordered programs. Successful completion means no conviction is entered.
After PBJ — Expungement
Upon successful completion of PBJ probation, the DUI charge may be eligible for expungement from your record under Maryland's expungement statutes. Expungement removes the charge from court records accessible to the public, providing a clean record for employment, licensing, and background check purposes.
A conviction — a guilty finding — on a DUI charge is generally not expungeable under current Maryland law. This stark difference in long-term outcome is one of the primary reasons why achieving a PBJ at sentencing matters so profoundly.