Pace, FL DUI Defense Attorneys
Representation from an Experienced Criminal Defense Attorney
If you have been arrested for DUI and are looking for an experienced and aggressive law firm to handle your case, look no further.
Make Your First Call, Your Best Call.
At Whibbs Stone Barnett Turner we specialize in the criminal defense of individuals arrested and charged with Driving Under the Influence (DUI), of alcohol, drugs or other controlled substances. We want to hear your side of the story because we understand law enforcement officials make mistakes every day and many times hastily charge individuals with a crime they haven’t committed.
Our lead criminal defense trial attorney, Gregory Whibbs has a proven track record of successful DUI defense and can answer any questions you might have about your case.
Former Assistant State Prosecutor- Experienced DUI Attorney
First as a state prosecutor and now as a defense attorney representing those accused of committing a crime, Gregory has appeared in front of just about every judge in both Escambia and Santa Rosa Counties. Gregory has been selected by the Independent News as a “Rising Star”, an honor which recognizes young professionals in the Panhandle who have achieved a high level of success in their chosen fields. This honor is based on his extensive trial experience and trial success while serving as an Assistant State Attorney. He has been the lead prosecutor in over 48 jury trials as well as hundreds of judge trials and violation of probation hearings.
Florida’s DUI Criminal Process
When charged with DUI, you have two cases being brought against you, one criminal and one civil. The first case involves the criminal charges that exist under Florida Statute 316.193. The second case is an administrative case with the Florida Department of Motor Vehicle. An arrest or conviction may also result in increased insurance costs, loss of work, the infringement of certain civil liberties and the inability to operate work or personal vehicles. If you have been arrested and charged you have limited time to act before your license is suspended. Gregory Whibbs can help you request a formal administrative hearing to keep your license or attain a hardship license after any required suspension time has elapsed. The DUI laws are statutorily– mandated.
Because there is so much riding on the outcome of your case, it is essential to seek the help of an experienced Criminal Defense Attorney to help you understand your case and all its implications for you.
Our Defense Legal Process
The first important question is how you came to be charged with DUI. For the police to stop you they either have to have reasonable suspicion that a crime has been committed i.e. improper lane changing, running a red light or speeding or they must be conducting a lawful DUI checkpoint stop. A lawfully conducted checkpoint stop mean that the police have to abide by certain rules, first announcing the checkpoint ahead of time and have a predetermined search criterion such as administering sobriety tests to determine whether drivers are operating a motor vehicle under the influence of alcohol, a chemical substance or another controlled drug. Under Florida law you do not have to consent to a search or participate in a field sobriety test. You are however legally bound to submit to a breathalyzer and blood test if you have been lawfully arrested.
Driving Under the Influence: Know Your Legal Rights
If you have been stopped by police while operating a motor vehicle you need to understand your legal right regarding the submission to a breath and urine test. Operating a vehicle in the State of Florida is deemed a privilege, not a right, and the law assumes that drivers who are suspected of driving under the influence of drugs, alcohol or both, have given what is considered their “implied consent” to a breath and urine test.
Vehicle operators who show impairment or are suspected of being impaired are first asked to perform a field sobriety test. Because field sobriety tests are not conclusive evidence that the driver is physically impaired, based on the consumption of drugs or alcohol, the police officer will request the suspect perform a breathalyzer test.
What Is Reasonable or Probable Cause
Before a breath or urine test can be administered, the police officer must place the driver under arrest having what is considered “reasonable cause” that the driver was impaired while operating a vehicle and under the influence of alcohol or drugs.
Reasonable cause carries somewhat of a “laxed standard”, meaning that the police officer must believe that with the available evidence, a “reasonable person” would believe there is enough proof that a criminal act or offense has been committed and that the person under suspicion committed the offense.
Under Fla. Stat. 316.1392 a driver may elect to a “first-ever” refusal to give their consent to a urine or breath test and the arresting officer must also inform the driver that refusal will result in a mandatory one-year suspension of all driving privileges.
If the suspected driver had previously refused to consent to a breath or urine test, the penalties worsen. In 2011, the Florida Supreme Court held, that a person’s driver’s license could not be suspended for refusing to take a Breath or Urine test if it was deemed that the DUI arrest was unlawful.
If it is proven that the police officer did not have “reasonable suspicion” that a crime was committed to stop the motor vehicle in the first place and the ensuing arrest was then made without probable cause, the refusal to consent to a breath or urine test cannot be used against the driver and the suspension of driving privileges would be re-instated.
Due to the increase incidences of DUI’s, in Florida, the legal limit of blood alcohol has been reduced from 1.0% to .08%. Breath tests are used to detect the level of alcohol in the blood stream while urine and blood test are usually administered to detect if drugs are present.
Our Legal Remedies for DUI Charges
If you have been arrested, charged with Driving Under the Influence and failed the breathalyzer alcohol test, Gregory Whibbs will review the evidence and the circumstances under which you were arrested and explore possible options for your case.
Breathalyzer devices must be properly calibrated and before a police officer can stop a motor vehicle, he must have “probable cause” that a violation of the law has taken place.
DUI laws in Florida can be very severe and anyone operating a motor vehicle should be aware of the serious consequences if arrested and charged with driving under the influence of alcohol or drugs. Fines that can be imposed for a first-time DUI offense can be 1000’s of dollars and up to six months in jail with community service.
The State of Florida recognizes that even good people sometimes make bad choices and if you have had a few alcoholic beverages and get behind the wheel of a motor vehicle you are in violation of the law. These actions are a threat to the safety of other drivers and pedestrians and the incidences of alcohol related accidents are high.
Prescription drugs may also play a role and any medications that has a warning label to not operate machinery should be adhered to. Failure to properly heed these warnings, resulting in impairment should be considered a violation of the law
Why Hire Whibbs Stone Barnett Turner
We are very experienced and knowledgeable Criminal Defense Attorneys and with a Former Assistant State Prosecutor on staff, who is experienced in handling DUI and related cases, we are a formidable force to be reckoned with.
In Gregory Whibbs’ experience, most police officers believe it is their sworn duty to arrest everyone who has had an alcoholic beverage and gotten behind the wheel of a car, truck, motorcycle or boat. Gregory knows that is complete nonsense because not everyone who has had a glass of wine is intoxicated and legally impaired to operate a vehicle. As criminal defense attorneys on your side we believe anyone arrested and charged with DUI is innocent until proven guilty and the burden of proof is on the state not the defendant.
Many legal defenses properly question if the initial stop administered by police was legal.
- Did probable cause exist for the stop to be lawful?
- Was the breathalyzer test calibrated and administered properly? Did the stop warrant a field sobriety test?
- Was the Field Sobriety test administered correctly and was proper advice given by police prior to their request for you to submit to a breathalyzer test?
- Was the device used to determine your blood alcohol level properly calibrated and tested for accuracy within the proper time frames required by law before being administered to you?
- Were there any medical conditions or medications taken that may have contributed to the facts upon which the arrest was made by police?
As experienced DUI defense attorneys, we can explore many options and protect your legal rights. Choosing the right attorney may make the difference in being prosecuted, to the fullest extent of the law or having your charges reduced or dismissed altogether. Remember, you have just 10 days after your arrest to request a Formal Hearing with the Department of Motor Vehicles. That hearing is important to extend your driving privileges, also allowing our attorneys the opportunity to examine, under oath, the arresting officer.
Gregory Whibbs will leave no stone unturned in defending your rights. He understands the stakes involved in being found guilty of a DUI crime are high and many times have life-long consequences. We believe that aggressive representation and a thorough examination of the facts in your case have the best chance for a successful defense. If you have been arrested for a DUI or vehicular homicide in Santa Rosa County, you deserve the very best. Call us for a free criminal defense consultation.
