Challenging DUI Evidence
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Frequently Asked Questions
Can I refuse a field sobriety test in Florida?
Yes. Field sobriety tests are voluntary in Florida. You are not legally required to perform them and refusing carries no automatic legal penalty. However, the officer’s observations up to that point — your driving, the traffic stop, and your demeanour — can still support an arrest. The question of whether to refuse is situation-specific; calling Shepard Law before making any decision is the best approach.
What happens if the breathalyser was not properly calibrated?
If calibration records show the device was out of compliance, or if proper protocols were not followed, a motion to suppress the breathalyser result can be filed. If granted, the BAC reading is excluded from evidence — which is frequently fatal to the prosecution’s case.
Can a blood test result be challenged?
Yes — particularly on Fourth Amendment grounds if no warrant was obtained, or on procedural grounds if the chain of custody was broken or lab protocols were not followed. Rusty Shepard has successfully challenged blood test results in Bay County DUI cases.
Challenging DUI Evidence in Panama City
The Evidence Is Not Automatic
Many people arrested for DUI assume the evidence against them is unassailable. A breath test showing 0.10%. A field sobriety test the officer says they failed. A blood test from the hospital. None of this evidence is as straightforward as it appears — and challenging it effectively is one of the most powerful tools an experienced DUI defence attorney has.
Rusty Shepard is a Nationally Ranked Superior DUI Attorney recognised by The National Advocacy for DUI Defense, and has been named among the Top 100 DUI Attorneys in Northern Florida. He has challenged DUI evidence across Bay County courts for over 25 years. As a former Assistant State Attorney, he knows exactly what the prosecution needs to prove — and where their evidence is weakest.
The Three Categories of DUI Evidence — and How Each Is Challenged
1. Field Sobriety Tests (FSTs)
Florida uses three Standardised Field Sobriety Tests developed by NHTSA: the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. All three are subjective — they depend on the officer’s observations and interpretation.
Key challenges:
- Administration errors — the NHTSA protocols for each test are specific and must be followed precisely. Deviation from the protocol invalidates the test. Officers frequently make administration errors that are not reflected in their reports.
- Non-intoxication explanations — nervousness, medical conditions (inner ear disorders, knee injuries, neurological conditions), age, weight, footwear, and the surface on which the test was administered all affect performance. These are not DUI indicators.
- Environmental conditions — uneven ground, poor lighting, passing traffic, and adverse weather conditions affect test performance and are not always documented in the arrest report.
- HGN test limitations — the horizontal gaze nystagmus test detects nystagmus (involuntary eye movement), but nystagmus has many non-alcohol-related causes. The test must be administered at a specific distance and speed; errors are common.
- Dashcam and body camera footage — the officer’s description of performance and what the footage actually shows often differ. Rusty Shepard subpoenas all available footage as a matter of first priority.
2. Breathalyser Results — The Intoxilyzer 8000
Florida uses the Intoxilyzer 8000 as its primary breath testing device. It is not infallible. The Intoxilyzer 8000 has been the subject of significant legal challenges in Florida courts, including successful suppression motions arising from its proprietary source code not being subject to defence review.
Key challenges:
- Calibration and maintenance records — the device must be regularly calibrated and maintained according to FDLE protocols. Failure to do so renders the results unreliable. Maintenance records are subpoenaed in every case.
- Operator certification — the officer administering the test must hold a current valid operator permit. Expired or improperly obtained permits can render the test inadmissible.
- Observation period — Florida law requires a continuous 20-minute observation period before administering a breath test. Interruptions, burping, vomiting, or mouth alcohol during this period invalidate the result.
- Rising BAC defence — BAC continues to rise after drinking as alcohol is absorbed into the bloodstream. The BAC at the time of testing may be higher than the BAC at the time of driving. An expert can establish what the BAC was likely to have been when the vehicle was actually operated.
- Mouth alcohol — residual alcohol from mouthwash, dental work, gastroesophageal reflux disease (GERD), or regurgitation can produce a falsely elevated reading.
3. Blood Tests
Blood tests are generally more accurate than breath tests — but they introduce their own set of challenges, particularly around the circumstances under which they were obtained and handled.
- Warrant requirements — after the U.S. Supreme Court’s decision in Missouri v. McNeely (2013) and subsequent Florida case law, warrantless blood draws in most DUI cases are unconstitutional. A blood draw without a valid warrant or established exception can result in suppression of the entire blood test result.
- Chain of custody — the blood sample must be properly collected, labelled, stored, and transported. Any break in the chain of custody raises questions about sample integrity.
- Lab procedures — the testing laboratory must follow FDLE-approved procedures. Procedural errors, improper storage, and contamination are all challengeable.
- Fermentation — if a blood sample is not properly preserved, alcohol can form within the sample after collection, producing an artificially elevated reading.
Charged with DUI in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Nationally Ranked Superior DUI Attorney. Free consultation. Available 24/7.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Frequently Asked Questions
Can I refuse a field sobriety test in Florida?
Yes. Field sobriety tests are voluntary in Florida. You are not legally required to perform them and refusing carries no automatic legal penalty. However, the officer’s observations up to that point — your driving, the traffic stop, and your demeanour — can still support an arrest. The question of whether to refuse is situation-specific; calling Shepard Law before making any decision is the best approach.
What happens if the breathalyser was not properly calibrated?
If calibration records show the device was out of compliance, or if proper protocols were not followed, a motion to suppress the breathalyser result can be filed. If granted, the BAC reading is excluded from evidence — which is frequently fatal to the prosecution’s case.
Can a blood test result be challenged?
Yes — particularly on Fourth Amendment grounds if no warrant was obtained, or on procedural grounds if the chain of custody was broken or lab protocols were not followed. Rusty Shepard has successfully challenged blood test results in Bay County DUI cases.
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.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
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.