It depends on the offense. For ordinary traffic tickets, yes — Maryland law does not cap how many times you can receive a probation before judgment (PBJ), though a judge grows less willing each time and it is always discretionary. For alcohol-related driving, the rule is strict. Under Md. Code, Crim. Proc. § 6-220(d), a court may not grant a PBJ for a DUI or DWI if, within the preceding 10 years, you were convicted of — or already received a PBJ for — a § 21-902 alcohol-driving offense. In short: a second PBJ for speeding is possible; a second PBJ for DUI within ten years is off the table.
A PBJ is one of the most valuable outcomes in a Maryland traffic or DUI case — no conviction, no points, and your insurer never sees it. Naturally, a driver who benefited once wants to know whether they can do it again. The answer splits sharply along a single line: alcohol offenses carry a hard statutory bar, while everything else lives in the judge’s discretion. Understanding that difference can shape how you handle a second charge.
What a PBJ does, in brief
Under § 6-220, after a guilty plea or finding the judge can stay the entry of judgment and place you on probation instead of convicting you. Complete the probation and no conviction is entered. The practical benefits are real: no points reach your MVA record, and the disposition is invisible to insurers and the general public. In exchange, you must consent in writing and give up your right to appeal. Probation runs up to three years in District Court and up to five in Circuit Court. For the full menu of dispositions, see our guide to DUI plea options and PBJ in Maryland.
Ordinary traffic offenses: no statutory limit, but it gets harder
For non-alcohol traffic citations — speeding, a stop-sign violation, an unsafe lane change — the statute sets no numerical cap on PBJs. In principle you can receive one more than once. But two practical realities temper that. First, a PBJ is never automatic; Maryland judges treat it as something earned, not owed. Second, your prior PBJ is visible on the record that judges, prosecutors, and law enforcement see, even though insurers cannot. So when you stand before a judge asking for a second or third PBJ, the court already knows you have used the benefit before — and that makes each subsequent request a steeper climb. A PBJ is a tool to be used when it counts, not an unlimited reset button.
The 10-year alcohol bar under § 6-220(d)
Alcohol offenses are different, and the line is bright. Under § 6-220(d)(1), a court may not grant a PBJ for a § 21-902 DUI or DWI if, within the preceding 10 years, the driver was either convicted of, or placed on probation before judgment for, a § 21-902 offense (or certain vehicular-manslaughter and homicide-by-vehicle statutes). The bar is triggered by either a prior conviction or a prior PBJ — using a PBJ once starts a ten-year clock during which you cannot get another for drunk driving.
One nuance worth knowing: the bar looks back exactly ten years. A single prior DUI that is more than ten years old does not, by itself, prohibit a new PBJ — eligibility can return once the prior event falls outside the window. That said, prosecutors and judges treat any alcohol history seriously, so eligibility is not the same as likelihood. The statute also bars a PBJ for a second or subsequent controlled-dangerous-substance crime under § 6-220(d)(2), and where a mandatory minimum penalty applies. If you are facing a second alcohol charge, the rules for second and subsequent DUI offenses become the center of the case.
The expungement twist that changed in 2024
Whether a past PBJ can be erased — which affects how long it can count against you — depends entirely on the offense, and the rule for DUI recently changed:
- Non-DUI PBJ. Generally expungeable about three years after probation ends, provided you have not been convicted of a disqualifying offense in the meantime (Md. Code, Crim. Proc. § 10-105).
- DUI / DWI alcohol PBJ. For decades these could not be expunged at all. Legislation effective October 1, 2024 now allows expungement of a PBJ for an alcohol DUI or DWI under § 21-902(a) or (b) — but only 15 years after discharge from probation, and only if you have had no subsequent disqualifying conviction and no later § 21-902 PBJ.
- What still cannot be expunged. A DUI involving controlled substances under § 21-902(c) or (d), and an actual DUI conviction (a guilty finding, not a PBJ), remain ineligible.
The takeaway: a DUI PBJ lingers far longer than most drivers assume, which is one more reason the first one is precious — and the second, within ten years, is unavailable.
What this means if you’re facing a second charge
If your second charge is an ordinary traffic ticket, a PBJ is still possible, but plan to show the judge why you have earned it — a clean stretch since the first, a corrected problem, a genuine explanation. If your second charge is a DUI within ten years of a prior alcohol conviction or PBJ, the PBJ door is closed, and the case shifts to defending the charge itself: the strength of the stop, the testing, the penalties, and the five-year lookback that applies to a second DUI. That is not a do-it-yourself situation. A conviction at the second offense also carries lasting insurance and employment consequences that a first-time PBJ would have avoided. Honest counsel here is plain: a PBJ is earned and never guaranteed, and for a second alcohol case inside the ten-year window, the goal becomes the best achievable defense and mitigation, not a PBJ that the law will not allow.
Related Questions
- What are the DUI plea options and PBJ rules in Maryland?
- What are the penalties for second and subsequent DUI offenses in Maryland?
- What are first-offense DUI penalties in Maryland?
- How long does a Maryland ticket stay on your record?
- How does Maryland’s point system work?
Facing a second charge? Know your real options before court
Whether a PBJ is available — or whether the better path is fighting the charge — turns on the offense and your history over the past ten years. A Maryland DUI lawyer can tell you honestly where you stand and what outcome is realistically within reach, before you make any decision in court.
Toll-free: 1-877-566-2408. For the broader picture, see the complete Maryland DUI and DWI guide.
Last updated: June 2026.