Facing a DUI Conviction?
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DUI
Facing a DUI Conviction?
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- DMV Hearings
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Unlawful Police Stops
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Facing a DUI Conviction in Panama City
The First 10 Days Are the Most Important
An arrest for DUI in Panama City or Panama City Beach sets two separate legal proceedings in motion simultaneously: the criminal case, which works through Bay County courts, and the administrative licence suspension, which is handled entirely by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Most people focus on the criminal charge — but it’s the administrative suspension that can take effect within days if you don’t act.
Rusty Shepard is a Nationally Ranked Superior DUI Attorney (NADD 2014–15), listed among the Top 100 DUI Attorneys in Northern Florida, a former Assistant State Attorney, and FACDL 14th Circuit Chapter President. He has handled DUI cases across Bay County, Panama City Beach, and the broader 14th Judicial Circuit for over 25 years.
The 10-Day Review Hearing Window — Do Not Miss It
When you are arrested for DUI in Florida, the arresting officer will take your licence and issue a pink temporary permit. That permit is valid for only 10 days. Within those 10 days, you or your attorney must formally request a formal review hearing with the DHSMV or the licence suspension goes into automatic effect.
This is the most time-sensitive action in any DUI case. If the hearing is not requested in time, the Administrative Licence Suspension begins — and you will not be permitted to drive at all during the hard suspension period before a hardship licence becomes available.
- First offence, failed breath or blood test: 6-month suspension, 30-day hard suspension
- First offence, refused testing: 12-month suspension, 90-day hard suspension
- Second or subsequent offence, refused testing: 18-month suspension
What Happens at the Formal Review Hearing
The formal review hearing is an administrative proceeding held before a DHSMV hearing officer — not a criminal court judge. The purpose is to determine whether the arresting officer had legal justification for the stop, the arrest, and the request for a breath or blood sample. A successful review hearing results in the suspension being invalidated and your licence reinstated.
Critically, the formal review hearing gives Rusty Shepard the opportunity to subpoena and cross-examine the arresting officer under oath before the criminal trial. Statements made by the officer at the review hearing can be used in the criminal case. The review hearing is not just about keeping your licence — it is the first opportunity to begin building your criminal defence.
The Criminal Case — Florida DUI Elements
In the criminal proceeding, the State must prove beyond a reasonable doubt that you were: (1) operating or in actual physical control of a vehicle; (2) while under the influence of alcohol, a controlled substance, or a chemical substance to the extent that your normal faculties were impaired; OR with a blood alcohol level of 0.08 or higher.
Key elements that Rusty Shepard challenges from the outset:
- Lawfulness of the traffic stop — was there reasonable suspicion to stop the vehicle?
- Lawfulness of the arrest — was there probable cause?
- Field sobriety test administration — were standardised procedures followed? Did the officer have training and certification current as of the date of the test?
- Intoxilyzer 8000 evidence — Florida’s approved breathalyser device has specific calibration, inspection, and operator qualification requirements. Departure from any of these can result in suppression.
- Blood test evidence — was the blood draw lawfully obtained? Was proper chain of custody maintained? Was the sample handled and stored correctly?
- Retrograde extrapolation — if testing occurred significantly after driving, the prosecution may attempt to extrapolate backwards to estimate BAC at the time of driving. This is contestable science.
Bay County and Panama City Beach DUI Enforcement
Panama City Beach has one of the highest DUI arrest rates per capita in Florida, particularly during Spring Break and the summer tourist season. Bay County’s DUI enforcement is active year-round, with sobriety checkpoints and saturation patrols in areas with high nightlife activity. Understanding the local enforcement environment — and which defences are most effective in Bay County courts — is part of Rusty Shepard’s 25 years of DUI practice in this jurisdiction.
Arrested for DUI in Panama City or Panama City Beach? Call Shepard Law at (850) 290-2505 immediately — the 10-day review hearing window starts the day of arrest. NADD Superior DUI Attorney. Former ASA. Free consultation. Available 24/7.
DUI
Facing a DUI Conviction?
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- DMV Hearings
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Unlawful Police Stops
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
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