fabsroman
Ultimate Member
I think we can both find a lot of things in Maryland law that will leave us scratching our heads wondering how it is even possible.
Question about 2 previous DUI's
- Thread starter hermfro
- Start date
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I think we can both find a lot of things in Maryland law that will leave us scratching our heads wondering how it is even possible.
fabsroman
Ultimate Member
I've never gotten a DWI/DUI by using this one weird trick:
I don't drink and drive. Heck, I very rarely drink at all.
I use the same tricks. lol
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,373
I'm not an expert but I believe there is DUI which is .08 and above and DWI which is below .08, basically meaning you are impaired and should not be driving a car or any other motor vehicle.
I'm sure I'm missing something in this explanation, maybe there is an actual DWI BAC number?
Since everyone is different, I'd take a guess there could be someone messed up at like .04.
The words "legal limit" sound like a misconception as the .08 is just the switch from DWI to DUI. If you're all over the road at .04 BAC, I'd assume you're getting a court date.
Think you have it backwards. DUI is the lower threshold, DWI is the higher one.
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- Feb 17, 2011
- 14,024
The way it was explained to me is DUI which is the lesser of the two is discretionary even under the limit.
travistheone
Usual Suspect
DUI PER SE I believe is totally discretionary.
hermfro
Member
I said "only have 2" in terms of being able to acquire the HQL. I havn't had a sip and drove since 2012. Again dumb mistakes as a young kid that will stick with me for the remainder of my life. But just as an update, they did not affect the HQL, it has since been approved and card is in the mail. Thanks for all the inquires, means a lot everyone put in their 2 cents to help educate everyone. Can't change the past but can improve the future.
PapiBarcelona
Ultimate Member
- Jan 1, 2011
- 7,373
DUI Per SE as in above the state's .08?
Like I said, I'm totally not an expert so my post is worth as much as you paid for it. LOL
Like I said, I'm totally not an expert so my post is worth as much as you paid for it. LOL
MrBoh
Member
You're correct and I agree that "Never" is a strong word, unfortunately the fact remains that a PBJ for any DUI/DWI/Per Se related offenses can NEVER be expunged from the defendants record.
I do believe that you can still apply to the Governor for a potential "Pardon", (good luck with that one), but that is a completely different process that is completely subjective in nature.
I hate semantics, however an expungement is based upon clear and definitive objective data whereas a Pardon from the Governor is subjective in nature and as such, a Pardon is subject to the sole personal opinion, interpretation, points of view and judgment of the Governor.
Who cares about PBJ? I can't believe there are so many posts about it. It's not a conviction so it's not attributable to a HQL or anything related to gun ownership. Slow day I guess.
MrBoh
Member
If you were previously granted a PBJ for any alcohol related offenses, the rationale behind why this PBJ can NEVER by expunged is that in the opinion of the Maryland Legislature, you've already had your proverbial "one bite of the apple".
In other words, you're not going to get a second bite of the apple by being able to later file for an expungement of your PBJ after some period of time.
(I'm not suggesting that I completely agree with this rationale where there is no mechanism at all for even the possibility of an expungement, but at least for now, our current law states that you can NEVER receive an expungement for a DWI/DUI Offense that resulted in a finding of PBJ.)
fabsroman
Ultimate Member
Once upon a time, this used to be the case, when DWI was the abbreviation for Driving While Intoxicated. Then, they changed the law.
Now, DUI stands for Driving Under the Influence and DWI stands for Driving While Impaired.
Article - Transportation
§21–902.
(a) (1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b) (1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c) (1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) of this subsection while transporting a minor.
(d) (1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.
DUI - Driving Under the Influence carries a harsher penalty than DWI -Driving While Impaired
If you are convicted of an impaired driving offense, you face both criminal penalties and license sanctions.
If you are convicted of Driving Under the Influence of Alcohol (DUI):
For a first offense, you face up to a $1,000 fine and up to one year in jail. Twelve (12) points will be assessed on your driving record and your license may be revoked for up to six (6) months.
For a second offense, you face a $2,000 fine and up to two years imprisonment (with a mandatory minimum of five days). Twelve (12) points will be assessed on your license and your license may be revoked for up to one year.
For two convictions within five years, a mandatory period of suspension will be followed by a minimum required period of participation in the Ignition Interlock Program.
You may be required to participate in an alcohol abuse assessment and program.
If you are convicted of Driving while Impaired by Alcohol (DWI):
For a first offense, you face up to a $500 fine and up to two months imprisonment. Eight (8) points will be assessed on your driving record, and you face a 6-month license suspension. If this conviction is the result of a driver under 21, you will face a 1-year suspension.
For a second DWI offense, you face up to a $500 fine and up to one year imprisonment. Eight (8) points will be assessed on your driving record, and you face a license suspension of 9 to 12 months. If this conviction is the result of a driver under 21, you will face a 2-year suspension.
The penalties are substantially higher if you are transporting a minor at the time of the offense or for a third offense.
http://www.mva.maryland.gov/drivers/impaired/maryland-impaired-driving-laws.htm
fabsroman
Ultimate Member
Court records are not automatically expunged. To remove these records, you may file a petition for expungement with the court if:
• You were found not guilty.
• You were found guilty of or not criminally responsible for certain nuisance crimes.
• The charge was dismissed.
• The crime on which the conviction was based is no longer a crime.
• The charge resulted in probation before judgment (excluding charges of driving while under the influence or driving while impaired).
• The State’s Attorney did not prosecute (nolle prosequi) your charge.
• The Court indefinitely postponed your case (stet).
• Your case was compromised (settled).
• You were convicted of only one non-violent criminal act and you were granted a full and unconditional pardon by the Governor.
http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf
If the Governor granted a pardon on a DUI/DWI, I think I would file for an expungement. Huge IF, but I think I would spend the $30 and file it.
Wow, I stand corrected. Learn something new every day
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MrBoh
Member
In theory - an individual who received PBJ for an alcohol related offense could in theory apply for a Pardon from the Governor, but this would only be done so because the defendant was seeking the restoration of civil liberties that were lost as a result of the PBJ; not as a means of attempting an expungement which is not possible under current Maryland Law.
Assuming that the individual was somehow successful in obtaining a Pardon from the Governor for a prior DWI/DUI PBJ/Conviction and was able to have his lost civil liberties restored (i.e. good luck with this one as MAAD & SAAD would be burning torches on the lawn of the Governors Mansion and hanging him in Effigy); in my opinion, it would be a waste of time as well to spend the $30 in attempting to now seek an expungement as on the Alcohol related PBJ.
Consider the following from the Maryland Department of Public Safety & Corrections; specifically:
"Please be advised that a pardon does not expunge a person's criminal record. The power to expunge a record is reserved for the judicial branch of government, and may be exercised only by the Courts.
Simply stated, in order to be successful in attempting to obtain an expungement, you would first need the Maryland General Assembly to rewrite the current law so as to first allow for even the possibility of an expungement for an Alcohol related offense where PBJ was initially granted.
Asking the Courts to consider an expungement for any Alcohol related offenses that resulted in PBJ would simply fall upon deaf ears; the Courts hands are tied by the Maryland General Assembly and as such, the Courts do not have any Judicial authority to grant an expungement in this particular instance.
The thing to be aware of is that pardon and an expungement are two very different things.
In their simplest of terms, an expungement seals a criminal record from all public and private view as if the arrest, charge and/or conviction never occurred in the first place , and a pardon is executive forgiveness for the offense.
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I'll speak from an experience stand point. I had a DUI back in 1994 (i think). It is still on my record, and I did not have it expunged. It did not effect my getting an HQL nor has it stopped my buying firearms. I don't know what the sentence could have been back then. I was 22, and made a mistake. It cost me big in terms of money and headaches.
I have considered getting it expunged, for my own pride. I hold a job with a three letter agency and it has not hindered that. I do have to explain it every so often, but it happened so long ago, there is no issue. I was even able to get non-resident CCWs with it.
Since that day I would never dream of stepping behind the wheel. I learned a very valuable lesson.
With that being said, I am not a lawyer, but if you have the chance to expunge it, I would. Its a matter of self preservation and pride.
I have considered getting it expunged, for my own pride. I hold a job with a three letter agency and it has not hindered that. I do have to explain it every so often, but it happened so long ago, there is no issue. I was even able to get non-resident CCWs with it.
Since that day I would never dream of stepping behind the wheel. I learned a very valuable lesson.
With that being said, I am not a lawyer, but if you have the chance to expunge it, I would. Its a matter of self preservation and pride.
new_shooter
Ultimate Member
- Jun 26, 2010
- 1,220
Good on ya. I wish you the best.
fabsroman
Ultimate Member
You aren't telling me anything I don't already know.
You said that a DUI/DWI can NEVER be expunged. My point was simple, NEVER is a pretty absolute term, and one that does not apply in this circumstance. A DUI/DWI conviction can be expunged. A person needs to perform 3 miracles and even then it is only a snowball's chance in hell.
Simply put, NEVER, is not correct. Almost NEVER would have been better. I am somewhat surprised you would lock yourself in with an absolute NEVER.
