A Maryland DWI Blog | Jimeno & Gray P.A.

A new Maryland law went into effect on October 1, 2009 which makes in more difficult to obtain a second probation before judgment for an alcohol related offense. Prior to October 1, a person could be eligible for a probation before judgment if at least five years had passed between offenses. The new law expands the time from five to ten years.

Since this is a new law, we must wait a period of time to determine how much impact it will have on Maryland drivers. Even prior to the passage of this new law, many judges were not granting a second probation before judgment if the offenses occurred within ten years of each other. On the rare occasion, a judge might have reward someone with a second probation before judgment who had anywhere from eight to ten years between offenses if the person had taken extensive remedial measures prior to going to court or while on probation, such as attending an inpatient alcohol program. On the other hand there are some judges who will never grant a second probation before judgment, so this new law will have little impact on them.