Florida Drunk Driving Defense Attorney — A Leader in DUI Defense.

We Are Proud to Announce...

On April 17, 2013, the United States Supreme Court handed down its decision in the landmark DUI case of Missouri v. McNeely. In so doing, Chief Justice Roberts cited Mr. Whited's treatise Drinking/Driving Litigation (2d ed. 2006) as authority in the field.

Recent Case Results

  • Tuesday, the Whited Law Firm, with lead attorney Kayla Hathaway defeated one of law enforcement's best. The arresting officer and chief witness for the prosecution was a 22 year veteran. He has conducted thousands of field sobriety tests and is a certified instructor for the Standardized Field So... Read On

  • This is the only case dealing with the current Implied Consent law that has reached the Florida Supreme Court. Mr. Dobrin's license was suspended as a result of his arrest for DUI. He challenged the legal authority to stop his vehicle at this Formal Review hearing. The DHSMV hearing officer ruled... Read On

  • Mr. Cuda was arrested and charged with exploitation of the elderly. He retained Mr. Whited to defend that charge. A Motion to Dismiss the charges based on the unconstitutional vagueness of the statute, filed by Mr. Whited, was granted by the trial judge. The State appealed and the Fifth District ... Read On


First off two DUI cases were dropped by the state this week. Both dismissals are results of Motions to Suppress filed challenging the illegal detention of my clients. One of the clients was asleep at the wheel when ordered out of the vehicle by the police. This case went to a hearing before one of the local judges who granted our motion to suppress. Having no evidence the state was forced to dismiss the charges.

The second case resulted in an outright dismissal by the prosecutor. They reviewed our twenty-three page Motion to Suppress and agreed the stop was illegal. The prosecutor agreed that the driving pattern was insufficient to justify the officer's stop of my client. The case was dismissed before it came before the judge.

Another two cases resulted in reductions of the DUI charge to Reckless driving. In one case the clients breath alcohol level was 248 and this was their second offense in the past five years. Again, the prosecutor agreed that the driving observed by the officer was insufficient to justify the stop. The other case involved another complicated legal issue. The question was whether there was actually an crash. That is significant as unless there was a crash the officer was required by statute to observe the defendant driving. If there was no crash then the officer had to observe the defendant behind the wheel. The prosecutor was faced with evidence showing there was no crash and agreed to the amendment of the DUI charge to Reckless driving, Clients BAC exceeded 260 BAC.


Mr. Whited has been invited to present his “Winning At Every Level” lecture to the Public Defenders of the Fifth Judicial Circuit. During the past 29 years Mr. Whited has spoken at over 150 continuing legal education programs in over 35 states and 4 foreign countries. These lectures have covered all aspects of defending a DUI charge. The “Winning At Every Level” program takes an in depth look into three aspects of a DUI trial; voir dire, cross-examination and closing arguments. Its purpose is to give the student the tools it takes to conduct an effective voir dire, thorough and complete cross-examination of the arresting officer and dynamic closing argument.

If you have been accused of drunk driving, it is critical to take the matter seriously. A conviction can have a serious impact on your life. It can affect your job, your insurance rates, security clearance and your criminal record.

That's why it is critical to work with an experienced and knowledgeable DUI defense attorney — a seasoned lawyer who knows every aspect of a drunk driving case. At the Whited Law Firm, this is what we offer our clients.

Over the past 25 years, attorney Fleming Whited has been recognized as a leader in DUI defense. He has served over 150 continuing legal education seminars in 30 states, and was presented the National College's Richard Erwin Lifetime Achievement Award. Mr. Whited literally wrote the book on DUI. He has published numerous articles, books and reference materials, many of which are used by other lawyers seeking to learn the law on drunk driving.

Mr. Whited is AV rated under Martindale Hubbell's peer rating system. Peer ratings evaluate a lawyer's professional ability and ethical approach to the practice of law, and only a small percentage of lawyers qualify for an AV rating. He is also listed as a Super Lawyer in Florida Super Lawyers Magazine.

With a record of accomplishments — including having charges dismissed, dropped to lesser offenses and not guilty verdicts for clients — it's no wonder that the Orlando Sentinel has labeled Mr. Whited “The drunken driver's best friend.” All the lawyers in the Whited Law Firm are seasoned veterans. Each one has been hand picked by Mr. Whited based upon his or her individual experience and skills. We handle drunk driving cases based on a team approach, working together to build strong and effective defenses for our clients. Together, we address all aspects of the legal problem, from the initial traffic stop to the collection of blood and breath test evidence and in-court witness testimony.

Contact a Daytona Beach DUI Attorney

If you have been accused of driving under the influence, talking with a lawyer is critical. Schedule an appointment with one of our Florida DUI attorneys by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you. We welcome your call.

Whited Law Firm


Our promise to you is that we will do everything possible within the bounds of the law and ethics to help you in your time of need. We guarantee that we will devote 100 percent of our experience and effort to your case.

Contact Us Today!

Contact the Whited Law Firm Schedule an appointment with one of our Florida DUI attorneys by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you. We welcome your call.