DUI's in MD

[yashlier]

What is the name of your state (only U.S. law)? Maryland

My ex just got his another DUI in MD,the 1st was a DUI (per se) in MD and he also has 1 DUI in PA

His first one was in 2003 in PA he did 30 days in jail

the second one was in 2006 in MD and he was given an 18 month suspended sentence, probation, community service, an interlock, had his licence suspended and went to AA he successfully completed all of it

Now he just got this new DUI charge on Feb 08, 2011
since then he is in AA has had an interlock put in his car and is going to therapy,

his court hearing is at the end of this month and I am trying to figure out if he will get jail time IF he is found guilty (there is a child involved, so I need to know) and he will not tell me ANYTHING so I am asking you guys do you think he will go to jail IF he is found guilty?

Also he had a DUI but he got a PBJ for it and now it's gone, he also has drug convictions from 98 and 99 but it was nothing major.

 

[FlyingRon]

There's more here than he's telling you (or you're telling us).
First off, the fact that he had a DUI PBJ (presumably fro NC) can certainly be discovered and enter into the counting of offenses and factor into any discretion that the judge has. The fact that he got 30 days in jail on a first offense means that there was something else wrong as well (probably that they counted the NC as his first there so he triggered the mandatory second offense jail time, or there was some egregiously aggravating circumstance).

He could get $4000 fine + up to FOUR YEARS in jail on a third offense DUI in MD with child. I suspect with his pre-sentence investigation that most judges will be dissuaded from much leniency. He shouldn't count on driving for 18 months, owning a gun, or getting any sort of job in the security or transportation industries.

I would strongly suggest he get some more aggressive alcoholism treatment. AA is generally ineffective and it's clearly not working for him specifically.

 

[yashlier]

I was always told in PA you get jail time for every DUI/DWI.
His second offense he told me they never checked his PA record so they didn't see that one.
I am telling you everything I know. What I mean by it involves a child is He has primary custody of a child he and I share, he swears he's not going to get locked up but I need to have some type of heads up so I know what to expect to happen in court. The child wasn't in the car with him this time but was when he got his last DUI but that charge was dropped.

He doesn't think he has a drinking problem and has already went out to a club with his fiance

 

[FlyingRon]

I was always told in PA you get jail time for every DUI/DWI.

You were told wrong. Most people get ARD on their first offense, it's the PA equivalent of PBJ. Those who don't rarely get 30 days. 30 Days is the second offense standard sentence.

I am telling you everything I know. What I mean by it involves a child is He has primary custody of a child he and I share, he swears he's not going to get locked up but I need to have some type of heads up so I know what to expect to happen in court. The child wasn't in the car with him this time but was when he got his last DUI but that charge was dropped.

Without the child it's still 3 years / $3000. He's deluded or he's outright lying to you. This is effectively a fourth offense plus additional non-DUI criminal charges?

He doesn't think he has a drinking problem and has already went out to a club with his fiance

Again he's deluded.