Maryland PBJ is a “Prior Offense” of DUI in Pennsylvania

Posted in ARD,DUI,Prior Offense DUI on January 1, 2022

If you’ve been arrested for suspicion of DUI in Pennsylvania, your first instinct is probably to search online for answers. Understandably, people want to know what penalties they’re facing and how a prior offense might impact the outcome. Pennsylvania has some of the harshest DUI penalties in the country, including mandatory minimum sentences that increase significantly if you have a “prior offense” within the past 10 years.

But what if that prior offense happened in another state? One of the most common questions we get is whether out-of-state DUI charges—especially those that didn’t result in a formal conviction—will count as a prior offense in Pennsylvania. A recent appellate case helps answer that question, at least when it comes to Maryland’s Probation Before Judgment (PBJ) program.

Pennsylvania Treats Maryland PBJ as a Prior DUI Offense

In Commonwealth v. Hayes (3 MDA 2021), the Pennsylvania Superior Court ruled that a Maryland PBJ for DUI does count as a “prior offense” under Pennsylvania DUI sentencing law. This ruling significantly impacts anyone who has a PBJ on their record and is now facing DUI charges in Pennsylvania.

The defendant in Hayes tried to argue that his PBJ disposition should not count as a prior offense. He compared it to Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program, which the PA Supreme Court ruled in 2025 is NOT a prior offense. is specifically not treated as a prior offense under Pennsylvania law. In 2020, the Superior Court had reaffirmed that ARD does not count toward mandatory DUI sentencing, since the program does not require a finding of guilt.

However, the Court found a crucial legal distinction between ARD and PBJ.

Why the Court Treated PBJ Differently than ARD

In analyzing Maryland law, the Superior Court emphasized that PBJ occurs after a finding of guilt—either by guilty plea or trial—whereas ARD involves no admission or finding of guilt at all. Under Maryland’s PBJ law, the court defers sentencing after a determination of guilt, and if the defendant successfully completes probation, a formal conviction is avoided. But if the person violates probation, the judge can immediately impose sentence because the guilty finding has already occurred.

This distinction was critical. While some people use the terms “guilty” and “convicted” interchangeably, the law treats them differently. A conviction typically occurs when a sentence is imposed after a finding of guilt. In PBJ cases, although a sentence is deferred, the finding of guilt is still on the record—and that was enough for Pennsylvania to treat it as a prior offense.

In contrast, Pennsylvania’s ARD program allows a person to plead not guilty, and if the program is successfully completed, the charges can be dismissed and expunged. Because no finding of guilt occurs in ARD, the court concluded it cannot be treated as a prior offense for sentencing purposes.

Why This Matters: Out-of-State DUIs and Pennsylvania Law

This case highlights how out-of-state DUI programs can have serious consequences in Pennsylvania. Even if a person avoids a conviction in another state, Pennsylvania courts will scrutinize the specific legal process used—especially whether there was a finding of guilt.

It also raises questions when filling out an ARD application in Pennsylvania. Some applicants think they don’t need to disclose a PBJ or other diverted DUI charge because it was “expunged” or “not a conviction.” But that’s not always the case. Different states have different rules for expungement, and in some situations, failing to disclose a prior offense could even lead to new criminal charges for false statements on court paperwork.

Get Legal Help from a Skilled Pennsylvania DUI Attorney

If you’ve previously received a PBJ in Maryland or completed a similar DUI diversion program in another state, don’t assume it won’t follow you into Pennsylvania. These legal issues are complex and fact-specific, and a mistake can lead to harsher sentencing or even additional charges.

The safest course of action is to consult an experienced Pennsylvania DUI defense attorney who understands both local and interstate DUI laws. For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.