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Can a DUI and/or DWI be expunged in Maryland?

Can a DUI be expunged in Maryland?

Unfortunately, a DUI cannot be expunged in Maryland.  Even if you receive a Probation Before Judgment (PBJ), you cannot get the DUI expunged.  As detailed in the PBJ section, a Probation Before Judgment is not a conviction.  That is as good as it is going to get if you have a DUI on your record.

Can a DWI be expunged in Maryland?

Unfortunately, a DWI is similar to a DUI.  It cannot be expunged, even on a Probation Before Judgment status.

Since a DUI/DWI cannot be expunged, does that impact me if I get a second DUI/DWI?

Picking up a second (or more) DUI/DWI will likely be known to the prosecutor and judge.  If you have a prior DUI/DWI within the last 5 years, the prosecutor may file for “enhanced” penalties against you.  This is what is referred to as a “look back” period.  If you had a DUI/DWI over 5 years, you cannot have the sentencing enhancement filed against you.  However, as stated earlier, a prosecutor and/or judge will very likely know you have a prior alcohol related offense and argue for a more significant punishment.

The bottom line

If you are facing a DUI (and/or a DWI) in Maryland, you should consult with a Maryland Lawyer right away.  Even if you think you may wind up pleading guilty, you need to know how a plea will impact your criminal and driving record.

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