REFUSAL TO SUBMIT TO DUI TESTING — SUBSEQUENT OFFENSE (F.S. § 316.1939(1)(e)); DUI (F.S. § 316.193(1))
DUI COUNT DISMISSED (NOLLE PROSEQUI); REMAINING COUNT REDUCED TO RECKLESS DRIVING
Escambia County, FL
July 8, 2026
Client was charged in Escambia County with Refusal to Submit to DUI Testing as a subsequent offense — itself a first-degree misdemeanor — together with DUI. Because the refusal was charged as a subsequent offense, the exposure went well beyond a standard first DUI, and the State's opening offer reflected it: adjudication of guilt, 12 months of probation, a 30-day vehicle impound, a full year of ignition interlock, a $1,000 fine, a 12-month license suspension, multi-offender DUI school, and two Drunk Driver Impact Panels.
The defense pursued the State's testing and video evidence through the life of the case. That included obtaining the arresting officer's breath test operator certification and continuing to press for supplemental law enforcement video, which produced additional footage of the arresting officer months after the State's initial discovery production. In an impaired driving case built on officer observation and testing procedure, the operator's certification and the completeness of the video record go to the heart of the State's proof. The State's position moved substantially. The DUI count was dismissed by Nolle Prosequi. The client resolved the remaining count as Reckless Driving with 12 months of probation, DUI school, two impact panels, 50 hours of community service, and a substance abuse evaluation. The vehicle impound, the year of ignition interlock, the $1,000 fine, and the DUI conviction itself all came off the table. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.