FREE CASE EVALUATION

Question: What is the look back period for a DUI/DWI in Maryland?

Answer: Well, once you get a probation before a judgment or a guilty conviction in Maryland, it does go on your permanent record such that the prosecution and a judge will always be able to see that, whether it be five years, 10 years or 20 years later. So, the look back period for a DUI essentially is forever. However, in Maryland you can get, and therefore are eligible, for a second probation for judgment after a minimum period of 10 years. So, if 10 years goes by, one could ask the court in a second situation, second DUI, to give a probation before judgment. Having said that, I think most judges are probably against giving a second probation before judgment in a period of 10 years, albeit legally they are eligible to do so. In a period of less than 10 years between charges, a judge is not legally permitted to give another probation before judgment, so it can’t even happen. But if, say, 20 years went by between offenses, a judge may consider giving a second probation before judgment.

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