Quick answer: A PBJ — probation before judgment — is when a Maryland judge finds you guilty of a DUI but does not enter the conviction. Finish the probation and, under Crim. Proc. § 6-220(i)(3), the disposition is not a conviction: no conviction on your record and no points on your license. It is usually the best realistic outcome in a first-offense drunk-driving case. But it is not a clean slate — the judge can still order jail and treatment, the charge stays on public Case Search for years, and a PBJ does nothing about your separate MVA suspension.
I’m David Waranch, and I’ve defended drunk-driving charges in Maryland for decades. This is the honest version of what a DUI PBJ is and is not, because the version on most law firm sites oversells it. For the wider menu of choices in a drunk-driving case, start with my overview of DUI plea options and PBJ in Maryland; this page goes deep on the PBJ itself.
A PBJ is not a clean slate. It keeps a conviction and points off your record, and that matters enormously — but the charge stays on public Maryland Judiciary Case Search, a DUI or DWI PBJ can’t be expunged for 15 years, and it does nothing to stop the MVA suspension that runs on a separate track. You have only 10 days from the notice to fight that one. Anyone who tells you a PBJ makes the whole thing disappear has not read the statute.
What Is a PBJ in a Maryland DUI Case?
PBJ has nothing to do with peanut butter. It stands for probation before judgment, and it comes from Md. Code, Crim. Proc. § 6-220. When a judge grants one, you either plead guilty or are found guilty — and then the judge stops. Instead of entering the conviction, the court stays the judgment and places you on probation. Complete that probation and the case is discharged without a conviction ever being recorded.
The statute is blunt about what that discharge means:
“Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.” — Crim. Proc. § 6-220(i)(3)
That one sentence is why the PBJ is worth fighting for: when an employer asks whether you have been convicted of a crime, you can truthfully answer no. For a first-time client, that is often the difference between an incident and a life change.
Does a PBJ Put Points on Your License?
No. Maryland assesses points only on a conviction, and a completed PBJ is not a conviction. So the 12 points that ride on a DUI conviction — enough on their own to revoke a Maryland license — never land. A DWI conviction under § 21-902(b) carries 8 points; a PBJ keeps those off too, and there is no conviction-based revocation out of the criminal case. If you want to see how fast points stack up against a license, my summary of Maryland’s point system lays it out. Just remember “no points” describes the court result, not what the MVA does administratively.
What Conditions Come With a DUI PBJ?
A DUI PBJ is not a “no punishment” verdict. On an alcohol case, § 6-220(e) makes probation mandatory, and it requires the judge to attach conditions. The court must order you into an alcohol or drug treatment or education program approved by the Maryland Department of Health unless it states on the record why that isn’t needed. The judge may also order a § 8-505 health evaluation first to decide what level of treatment fits.
Two more conditions come up often. The court may prohibit you from driving anything without an ignition interlock device under Transp. § 21-902.2, and under § 6-220(d)(4) the judge can order custodial confinement or imprisonment as a condition of the probation itself. So a PBJ can still come with jail, a fine, treatment, and interlock. None of that is a reason to skip it — a PBJ beats a conviction every time — but you should agree knowing what it includes.
Who Is Eligible? The 10-Year Bar Most People Miss
Under § 6-220(f)(1), a judge may not grant a PBJ on a § 21-902 charge if, within the preceding 10 years, you were either convicted under § 21-902 or already placed on probation before judgment after being charged under § 21-902. Read that second half twice: a prior PBJ disqualifies you just as completely as a prior conviction does.
I have had this conversation more than once. Someone took a PBJ six years ago, was never convicted of anything, and assumes they are eligible again. They are not — the statute counts that earlier PBJ. If you have any DUI or DWI in the last decade, we need a different strategy and need to know it on day one. I go deeper in can you get a PBJ twice in Maryland.
Eligibility is also not the same as getting one — a PBJ is always discretionary. The judge has to be persuaded it serves both your interests and the public’s, and making that case is the job.
What a PBJ Does Not Do
It doesn’t touch your MVA suspension. A DUI arrest starts two separate cases: the criminal case in District Court, where the PBJ happens, and the administrative case at the MVA, where your license is suspended. A PBJ in the courtroom does nothing to the MVA action. You have just 10 days from the notice to request the hearing that protects your driving privilege. See what to expect at the Maryland DUI MVA per se hearing. Win in court and ignore the MVA, and you can still lose your license.
It isn’t private, and it isn’t going away for 15 years. Your case stays on Maryland Judiciary Case Search — public and searchable by name. To remove it you must petition for expungement, and under Crim. Proc. § 10-105 the wait on an alcohol case is far longer than for anything else:
| Disposition | Earliest you can petition to expunge |
|---|---|
| PBJ for most offenses | 3 years after probation is granted, or discharge — whichever is later |
| PBJ for DUI or DWI (§ 21-902(a) or (b)) | 15 years after discharge from probation |
| PBJ for drug- or CDS-impaired driving (§ 21-902(c) or (d)) | Never — not eligible for expungement |
| PBJ on a repeat-offender tier (§ 21-902(h) or (i)) | Never — not eligible |
And you lose even the 15-year path if, during those years, you pick up any conviction beyond a minor traffic violation or take another § 21-902 PBJ.
It won’t save a commercial license. Federal law — 49 C.F.R. § 384.226, the anti-masking rule — forbids a state from hiding a CDL holder’s disposition from the driving record. Maryland cannot mask it, and a PBJ does not protect your CDL. If you drive commercially, read how a Maryland DUI affects a CDL before you agree to anything — that case has to be defended on entirely different terms.
Is a PBJ Still Worth Pursuing?
Usually, yes. Set a conviction and a PBJ side by side:
| DUI conviction | PBJ | |
|---|---|---|
| On your criminal record | Yes, permanently | No |
| Points on your license | 12 — enough to revoke | None |
| “Convicted of a crime?” | You must answer yes | You may answer no |
| Visible on public Case Search | Yes | Yes — up to 15 years |
| Jail possible | Yes | Yes |
| Protects a CDL | No | No |
The first three rows are why I fight for it. The last three are why I tell you the truth about it instead of selling a fantasy. For the full picture of Maryland drunk-driving law, the Maryland DUI lawyer hub and the DUI/DWI knowledge hub pull the pieces together.
Frequently Asked Questions
No. When you complete probation and are discharged, Crim. Proc. § 6-220(i)(3) provides that the discharge is without judgment of conviction and is not a conviction for any legal disqualification. That means no conviction on your record and no points on your license.
Only if it was more than 10 years ago. Under § 6-220(f)(1), a court cannot grant a PBJ for a § 21-902 offense if you were convicted of, or given a PBJ for, a § 21-902 offense within the preceding 10 years. A prior PBJ counts against you exactly like a prior conviction.
Fifteen years after you are discharged from probation, under Crim. Proc. § 10-105, and only if you stay free of any new conviction beyond a minor traffic violation. A PBJ for drug-impaired driving under § 21-902(c) or (d) cannot be expunged at all.
Talk to a Maryland DUI Lawyer
Whether a PBJ is realistic depends on your record, your test result, the facts of the stop, and the judge — and whether it’s enough depends on things nobody flags until it’s too late, like whether you drive commercially. Call me and we’ll work out where you actually stand. If you were arrested recently, don’t wait: the MVA clock is 10 days, and it does not care that your court date is months away.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Crim. Proc. § 6-220 and § 10-105; Md. Code, Transp. § 21-902 and § 21-902.2; 49 C.F.R. § 384.226. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.