DUI Attorney in Fort Washington

Immediate, Insightful Support for Unexpected DUI Charges

If you have been charged with a DUI in Fort Washington, the path ahead can feel overwhelming. The fear of losing your license, risking your job, or facing a criminal record is real. Our role as your DUI attorney in Fort Washington is to help you regain control. We work quickly to address your most urgent needs by offering clear guidance, personal attention, and access to a team with deep courtroom experience.

At Gracia & Mintz, we understand the pressure and uncertainty that follows a DUI arrest. Many clients have never faced the criminal justice system before and need answers, not judgment. Our team includes former prosecutors and a former law enforcement officer, and we know how DUI cases are managed in Prince George’s County District Court. We are available 24/7 because legal emergencies do not wait for business hours.

Facing a DUI in Maryland? Contact Gracia & Mintz online or call (301) 842-8584. Secure a Fort Washington DUI defense lawyer who is available 24/7 and leverages the tactical advantage of former prosecutors for your defense.

Understanding DUI and DWI Laws in Maryland

Maryland Transportation Article § 21-902 governs all intoxicated driving offenses. It is crucial to understand that Maryland distinguishes between the more serious DUI charge and the lesser, but still damaging, DWI charge. A successful defense from a Fort Washington DUI defense lawyer often involves challenging the evidence to secure a dismissal or a reduction of the charge.

• Driving Under the Influence of Alcohol (DUI): This is the most serious charge. The State must prove that your blood alcohol content (BAC) was 0.08 or higher, or that you were impaired to the extent that your normal coordination was substantially impaired. This is determined primarily by chemical tests and the officer's observations of impairment.
• Driving While Impaired by Alcohol (DWI): This is the lesser offense. The State must prove that your BAC was between 0.07 and 0.08, or that your coordination was impaired to some degree.

The Zero Tolerance Law

For drivers under the age of 21, the legal threshold is even lower. Maryland's "Zero Tolerance" law imposes an automatic license suspension if a driver under 21 is found to have any measurable amount of alcohol (typically 0.02 BAC).

The Two-Front Battle: Criminal vs. Administrative

A DUI arrest triggers two completely separate and distinct legal proceedings in Maryland. Our firm is prepared to defend you vigorously in both forums.

1. The Criminal Case (District Court)

This is where you face potential jail time, fines, and a criminal record. The State must prove its case beyond a reasonable doubt. We fight to suppress or dismantle the State's key evidence, including:

• The Traffic Stop: Challenging whether the officer had the reasonable articulable suspicion required to legally initiate the stop.
• The Arrest: Challenging whether the officer had probable cause to make the arrest, typically based on Field Sobriety Tests (FSTs).
• The Chemical Test: Challenging the accuracy of the breathalyzer (Intoxilyzer 8000) or blood test results based on calibration, maintenance logs, and adherence to required observation periods.

2. The MVA Administrative Case (License Suspension)

This process is focused entirely on your driving privileges and proceeds independently of the criminal court.

• The 30-Day Deadline: You have only 30 days from the date of arrest to request a hearing with the Maryland Motor Vehicle Administration (MVA) to challenge your license suspension. Failure to act results in an automatic, uncontested suspension commencing on the 46th day.
• Implied Consent: Under Maryland's implied consent law, refusing a chemical test or failing a chemical test (BAC $\ge 0.08$) triggers mandatory suspension periods unless you secure a modified suspension with an Ignition Interlock Device (IID). A dedicated Fort Washington DUI defense lawyer is essential for navigating the MVA hearing and fighting for the least restrictive suspension possible, or for an IID modification.

Penalties and Collateral Consequences of a DUI Conviction in Fort Washington

The penalties for DUI offenses in Maryland escalate dramatically for repeat offenders. Even a first offense carries significant consequences that demand a strong DUI defense attorney in Fort Washington.

Direct Penalties (First Offenses)

DUI (BAC ≥ 0.08)

• Classification: Misdemeanor
• Maximum Jail Time: 1 year
• Maximum Fine: $1,000
• License Points: 12 points (mandatory suspension/revocation)

DWI (BAC 0.07–0.08)

• Classification: Misdemeanor
• Maximum Jail Time: 60 days
• Maximum Fine: $500
• License Points: 8 points (potential suspension)

A second DUI offense within five years drastically increases the stakes.

Collateral Consequences

The non-jail penalties of a DUI conviction are long-lasting and severe:

• Ignition Interlock Device (IID): Required for most first offenders to drive during the suspension period.
• SR-22 Insurance: Mandatory high-risk insurance, resulting in massive increases in premiums for years.
• Employment: Loss of commercial driver's license (CDL) and restriction from jobs requiring driving or operation of heavy machinery.
• Criminal Record: The misdemeanor conviction is permanent and affects background checks for housing and employment.

Our Comprehensive Defense Strategy as Your Fort Washington DUI Defense Lawyer

Our firm uses the tactical advantage of former prosecutors to build a proactive defense that challenges the State’s case at every vulnerable point. We utilize our 24/7 availability to start building your defense immediately.

We Attack the Initial Stop and Detention

• Lack of Reasonable Suspicion: We argue that the initial traffic stop (e.g., for weaving, speeding) was not based on legally sufficient suspicion, making all subsequent evidence—including the FSTs and breath test—inadmissible under the Fourth Amendment.
• Challenging Probable Cause: We scrutinize the officer's alleged justification for arrest. We argue that the officer's subjective observations or faulty interpretation of the Field Sobriety Tests (FSTs) did not amount to the necessary probable cause for a lawful arrest.

We Dismantle the Field Sobriety Tests (FSTs)

FSTs are subjective and easily challenged. Our firm argues that the tests were compromised due to:

• Medical Conditions: The client had physical limitations, injuries, or balance issues unrelated to alcohol.
• Officer Error: The officer failed to administer the tests according to the strict NHTSA protocol (e.g., incorrect instructions, improper surface, poor lighting).
• Environmental Factors: Unsteady ground, weather, or footwear affected performance.

We Challenge the Chemical Test Evidence

The breathalyzer is not infallible. Our firm investigates the technical viability of the BAC reading:

• 20-Minute Observation Period: Maryland law requires the officer to observe the defendant for 20 minutes prior to the breath test to ensure no vomiting, burping, or mouth alcohol contamination. We challenge the officer's adherence to this rule.
• Machine Calibration and Maintenance: We demand the maintenance and calibration logs for the Intoxilyzer 8000 to ensure the machine was functioning within acceptable tolerances.
• Rising BAC: We may introduce expert testimony to argue that the client's BAC was rising at the time of the test, meaning their BAC was below the legal limit at the time they were actually driving.

Why Choose Gracia & Mintz for DUI Defense in Fort Washington?

No two DUI charges are the same, and neither are the defenses. What sets Gracia & Mintz apart is our background. We are led by former prosecutors and a former deputy sheriff who have worked within Maryland’s local legal system. This experience gives our DUI defense attorney Fort Washington team an edge in anticipating and countering the prosecution’s strategy in Prince George’s County courts.

Clients turn to us because we don’t recommend plea deals that are not in our client’s best interest. We invest the time and effort to fight for a fair outcome, always keeping your priorities in mind. By focusing on DUI defense locally, we bring deep familiarity with the judges, prosecutors, and rules that shape outcomes in Fort Washington. With us, you communicate directly with the attorneys working on your case, so you’re never left guessing.

Protect your license and freedom now. Call (301) 842-8584 or reach out online for immediate legal assistance. We are available 24/7 and use the insight of former prosecutors to build your defense as your dedicated DUI defense attorney in Fort Washington.