A woman in Cape Coral is facing two DUI-related charges after allegedly refusing to submit to a breath test—one of the first cases brought under Florida’s newly amended DUI refusal law, which took effect October 1, 2025.
According to the Cape Coral Police Department, the incident occurred late Friday night, October 4, when officers were dispatched to a report of a reckless driver near Del Prado Boulevard South and Veterans Parkway. A concerned motorist had contacted authorities after witnessing a silver Honda Odyssey run a red light, cross into oncoming traffic, strike a concrete barrier on the Cape Coral Bridge, and collide with a median on Del Prado.
Responding officers observed the suspect’s vehicle weaving through traffic at an estimated 53 miles per hour in a 40-mph zone. A traffic stop was initiated near the 2500 block of Del Prado Boulevard South.
Upon making contact, the initial officer attempted to speak with the female driver and explain the reason for the stop. However, police reports state the driver abruptly reversed the vehicle, nearly striking the patrol car. She then shifted into drive and moved forward again. A second officer arrived and helped place the vehicle in park. When asked to exit the car, the woman reportedly stared blankly and remained unresponsive, prompting officers to open the door and assist her out of the vehicle.
Once outside, the driver exhibited clear signs of impairment, according to the report. Officers noted slurred speech, unsteadiness, glassy and bloodshot eyes, and the odor of alcohol on her breath. The driver was offered Standard Field Sobriety Exercises (SFSEs) but allegedly refused to participate and became argumentative.
Police say she repeatedly questioned the officer’s language despite clear communication in English, and continued to be uncooperative during the evaluation process. Based on the totality of the observations, the woman was arrested and charged with driving under the influence.
At the time of the arrest, the suspect reportedly refused to provide a breath sample, triggering the application of Florida’s updated breath test refusal statute. Under the law that took effect October 1, 2025, a first-time refusal is now considered a second-degree misdemeanor and can be charged in addition to the DUI offense.
While being booked into the Lee County Jail, the woman reportedly continued to resist deputies and was further classified as disorderly. Authorities confirmed she was later released on a $1,500 bond.
The Cape Coral Police Department reports that, as of October 6, it has logged 314 DUI arrests in 2025. This arrest marks the department’s third charge filed under the newly enacted breath test refusal law.
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If you or a loved one has been arrested for DUI or breath test refusal under Florida’s new law, don’t wait. These charges carry serious consequences that can affect your freedom, license, and future. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with DUI and related offenses. We are available 24/7/365 and have over 35 office locations throughout Florida, serving clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county statewide.