Ocean City DUI Frequently Asked Questions



After I was released from the jail in Ocean City, I received a police report, but it only has few details about the arrest. Is this normal?

Yes. This is the statement of probable cause and is usually brief. Typically, the final police report will contain vast amounts of detail surrounding the incident, your actions, field test results and statements you made. Often the police officers will review their in car video and then write their report to add more detail. Attorney Clark will get you the final reports quickly and incorporate that in case strategy.

What is a PBJ?

Its stands for Probation Before Judgment and according to state law, it is not a conviction and will not result in points being assessed against your driving record.

Is a PBJ good for me?

It depends on numerous factors including where you live and what your circumstances are right now.  It is a conviction for immigration purposes under federal law. IT CAN NEVER BE EXPUNGED FROM YOUR RECORD. Brian can discuss your circumstances in more detail.

Is it easy to get a PBJ?

It depends on the facts of the case and the judge. Some require you to have completed or started approved alcohol counseling BEFORE court and other judges are not concerned about that. Some cases should never accept or ask for a PBJ.

What does a PBJ Involve?

It requires being on either supervised or unsupervised probation for a period up to 3 years depending on the judge and facts of your case. Supervised probation can be expensive and involve requirements and monitoring by the DDMP (drunk driver monitor program). Attorney Clark will work with you to evaluate whether to ask for or accept a PBJ, whether it’s during a plea or after a trial.

What happens if I am found not guilty of all DUI/DWI charges?

You go home and write a nice review of Attorney Brian H. Clark online.

I thought I did well on the balance tests on the side of the road, why was I arrested?

The tests are scored and evaluated very strictly. The scoring system and clues (indicators of impairment) are not explained to you before performing the tests. Your DUI representation with Attorney Clark involves going over the scoring system.

I live in Pennsylvania and got a DUI in Ocean City, what are the chances my home state will find out?

It depends on the result of your case and there are options to protect you that Attorney Clark will discuss.

Will I need to get ignition interlock in my car because of this DUI arrest?

Ignition interlock may be required per MVA or as part of the judges sentencing if you are a MD resident and eligible for it. Some cases involve the client getting an ignition interlock immediately after arrest to protect their ability to drive.

The officer never read me my Miranda rights before arresting me. Will my case be dropped?

In most DUI and criminal cases in the Ocean City area, the officer will not give you a Miranda warning about your rights to remain silent and other constitutional safeguards.  It just means that any statements obtained after you are arrested cannot be used against you in Court and it is not a reason to dismiss your case.

What are the traits of a strong DUI lawyer?

Typically, strong DUI lawyers focus their legal practice in the areas of DUI/DWI law and criminal defense. They stay current on changing laws while attending seminars and being in court regularly.  A lawyer with a broad range of practice areas may not be able to have the depth of experience necessary to bring you the best result.

Strong DUI attorneys often have experience prosecuting these cases as well.  DUI/DWI cases are not easy to win and are rarely dropped or reduced on the Eastern Shore.  A strong DUI lawyer can spot issues that may be overlooked by other attorneys, and examining these issues may result in the dismissal or not-guilty verdict that the defendant seeks.  Attorney Brian H. Clark will explain why he believes he is a superior Ocean City DUI lawyer.

Why do I have friends that got horrible results in their DUI cases and others that got off easy?

It depends on the ability of the DUI lawyer, the prosecutor, the judge and facts of each individual case.  Some judges on the Eastern Shore of Maryland view DUI evidence much differently than their peers in neighboring counties and beyond.

This is my 2nd DUI arrest. Am I going to jail?

Not necessarily. Stay positive and let’s talk. I will give you my personal cell number to call or text after you hire me. A jail sentence depends on numerous factors and Attorney Clark handles repeat offenders constantly. He enjoys excellent online reviews for his efforts and knowledge and can point to recent cases that resulted in no jail for their 2nd offense. Ocean City DUI cases are treated very seriously and the county prosecutors have one of the highest conviction rates in the State of Maryland. Let’s do a complimentary in depth phone consultation first and map out a game plan to protect you and get this behind you.

Can my case be postponed?

Possibly. It is best to have your attorney request a postponement in writing and state the reason why a delay is needed.  There could be unintended repercussions if you seek a postponement without consulting an attorney.  Brian is available to discuss this process and its implications so that an informed decision can be made.

If you have any further questions not addressed here or in need of a criminal defense attorney please contact us.