What Is a PBJ in a Maryland DUI Case?
Quick answer: A PBJ — probation before judgment — means the judge finds you guilty but does not enter the conviction. No conviction on your record, no points on your licence, and you can honestly say you’ve never been convicted of a crime. It is a very good outcome. But it is not the clean slate most people think: the judge can still order jail, the case stays visible on public Case Search for years, and a PBJ does nothing at all about your MVA suspension.
PBJ has nothing to do with peanut butter. It stands for probation before judgment, and in a Maryland DUI case it is usually the outcome I am fighting for.
I’m David Waranch. I’ve been defending drunk-driving charges in Maryland for decades, and I want to give you the honest version of what a PBJ is — because the version you’ll read on most law firm websites, including the one that used to be on this page, oversells it.
What a PBJ Actually Does for You
When a judge grants a PBJ, you either plead guilty or are found guilty — and then the judge stops. The guilty finding is not entered as a judgment. You’re placed on probation instead.
Complete the probation, and under Md. Code, Crim. Proc. § 6-220(i)(3) the discharge is “without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law.” That sentence is doing a great deal of work for you:
- No conviction. When a job application asks whether you’ve been convicted of a crime, you can truthfully answer no.
- No points. Maryland assesses points on conviction. No conviction, no points — so a DUI’s 12 points never land on your record.
- No conviction-based licence revocation flowing from the criminal case.
That is genuinely worth having. For most first-time clients it is the difference between an incident and a life change.
Four Things a PBJ Does Not Do
Here is where the usual write-ups go quiet, and where clients get blindsided.
1. It does not guarantee you stay out of jail
Section 6-220(d)(4) is explicit: as a condition of probation before judgment, the court may order a person to a term of custodial confinement or imprisonment. A PBJ is not a “no punishment” verdict. The judge can attach jail, a fine, mandatory treatment, and an ignition interlock requirement to it.
Probation itself is mandatory on an alcohol case, and so is an approved alcohol treatment or education programme unless the judge states otherwise on the record.
2. It is not private — and it is not going away for 15 years
This is the one I most want you to understand, because I have seen people accept a PBJ believing the record vanishes. It does not.
Your case remains on Maryland Judiciary Case Search — public, searchable by your name, visible to any employer or landlord who thinks to look. To remove it you must petition for expungement, and under Md. Code, Crim. Proc. § 10-105 the waiting period for an alcohol case is far longer than for anything else:
| Disposition | Earliest you can petition to expunge |
|---|---|
| PBJ for most offences | 3 years after probation is granted, or discharge — whichever is later |
| PBJ for DUI or DWI (§ 21-902(a) or (b)) | 15 years after you are discharged from probation |
| PBJ for drug- or CDS-impaired driving (§ 21-902(c) or (d)) | Never. Not eligible for expungement at all |
| PBJ on a repeat-offender tier (§ 21-902(h) or (i)) | Never. Not eligible |
Fifteen years. And you lose even that if, during those fifteen years, you pick up any conviction other than a minor traffic violation, or take another § 21-902 PBJ.
So: no conviction, yes. Invisible, no. Anyone who tells you a DUI PBJ is a private record is not reading the statute.
3. It does nothing about your MVA suspension
People conflate these constantly, so let me separate them clearly. A DUI arrest starts two entirely separate cases:
- The criminal case, in District Court. This is where a PBJ happens.
- The administrative case, at the MVA. This is where your licence is suspended — and you have only 10 days from the date of the notice to request a hearing.
A PBJ in the courtroom does not touch the MVA case. It will not give you your licence back, and it will not undo a refusal suspension. If you only fight one of these two cases, you can win in court and still lose your licence.
4. It will not save a commercial licence
If you hold a CDL, understand this before you agree to anything. Federal law — 49 C.F.R. § 384.226, the anti-masking rule — forbids states from hiding a CDL holder’s conviction from the driving record. Maryland cannot mask it for you. A PBJ does not protect your CDL. A commercial driver’s case has to be defended on entirely different terms.
Who Is Eligible — and the Trap Most People Miss
Under § 6-220(f)(1), a judge may not grant you a PBJ on a DUI or DWI charge if, within the preceding 10 years, you have either:
- been convicted under § 21-902; or
- been placed on probation before judgment after being charged under § 21-902.
Read that second one twice. A prior PBJ disqualifies you just as surely 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 arrives assuming they’re eligible again. They are not. The statute counts the earlier PBJ. If you have a DUI or DWI anywhere in the last decade — however it ended — we need to build the case on a different strategy, and we need to know that on day one, not on the morning of trial.
Note also that a PBJ is always discretionary. Being eligible is not the same as getting one. The judge has to be persuaded that it serves both your interests and the public’s — and that persuading is the job.
So Is a PBJ Still Worth Taking?
Usually, yes — and I don’t want the caveats above to obscure that. Set them side by side:
| DUI conviction | PBJ | |
|---|---|---|
| On your criminal record | Yes, permanently | No |
| Points on your licence | 12 — enough to revoke | None |
| “Have you been convicted of a crime?” | You must answer yes | You may answer no |
| Visible on public Case Search | Yes | Yes — for at least 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 rather than selling you a fantasy.
Related Questions
- Can you get a PBJ twice in Maryland?
- Maryland DUI and DWI laws, explained
- How long is a licence suspended for a Maryland DUI?
Frequently Asked Questions
Is a PBJ a conviction in Maryland?
No. Once you complete probation and are discharged, § 6-220(i)(3) provides that the discharge is without judgment of conviction and is not a conviction for the purpose of any legal disqualification. That is the whole point of it.
Will a PBJ show up on a background check?
Yes — until it’s expunged. The case remains on Maryland Judiciary Case Search, which is free and public. What a background check will not show is a conviction, because there isn’t one. But the charge and the PBJ disposition are both visible.
How long before I can expunge a DUI PBJ?
Fifteen years from the date you are discharged from probation — and only if you stay clear of any conviction beyond a minor traffic violation in the meantime. For a drug-related DUI under § 21-902(c) or (d), a PBJ cannot be expunged at all.
Do I get points on my licence with a PBJ?
No. Points attach to convictions, and a PBJ is not one. This is one of the clearest, most concrete benefits — a DUI conviction carries 12 points, which is enough to revoke a Maryland licence outright.
Can I appeal after taking a PBJ?
No. Section 6-220(g)(1) is clear: by consenting to a PBJ you waive your right to appeal the finding of guilt. It’s a trade, and you should make it with your eyes open.
Can I get a PBJ if I refused the breath test?
Refusal doesn’t bar a PBJ in the criminal case. But refusal triggers its own MVA suspension — 270 days for a first refusal — and that runs on a separate track a PBJ cannot reach. Both cases need defending.
Take Action
Whether a PBJ is realistic in your case depends on your record, your BAC, the facts of the stop, and the judge — and whether it’s enough depends on things nobody tells you until it’s too late, like whether you drive commercially.
Call me and we’ll work out where you actually stand. And 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.
Toll-free 1-877-566-2408. Free consultation, and I practise throughout Maryland. Hablamos Español.
More on how I defend Maryland DUI charges.
Last updated: July 2026