A DUI arrest often produces two separate problems on the same night. One is the criminal charge. The other is a refusal count that follows the decision not to blow, and a recent Hillsborough County arrest shows how the two travel together.
What the Sheriff’s Office Reported
The Hillsborough County Sheriff’s Office announced the arrest of a Davis Elementary School teacher on April 19, 2026. Deputies stopped Jacob Cohen, 35, in Tampa shortly after 1:30 a.m. and reported signs of impairment. He agreed to field sobriety exercises, continued to show indicators of impairment, and then declined to provide a breath sample. He was booked on driving under the influence and refusal to submit to testing.
The agency described the matter as an active investigation, and an arrest is an accusation rather than a finding of guilt. Details come from the HCSO press release.
What a Refusal Adds to the Case
Florida treats driving as a privilege conditioned on consent to testing. Refusing a lawful breath test does not make the DUI disappear. It creates a second charge and a separate administrative action against the license.
Under Florida Statute 316.1939, a first refusal of a lawful breath or urine test is a second-degree misdemeanor, and a second or subsequent refusal is a first-degree misdemeanor. The statute also requires that the driver be told, before refusing, that the driving privilege will be suspended for one year, or 18 months for a repeat refusal.
That warning requirement matters, because the state has to establish several things before a refusal counts against a driver:
- Probable cause to believe the driver was impaired
- A lawful arrest for driving under the influence
- A proper implied consent warning before the request
- A clear refusal after that warning was given
Two Cases, Two Timelines
The license suspension moves through an administrative process at the Department of Highway Safety and Motor Vehicles. The criminal charges move through county court. The statute states plainly that the outcome of one does not control the outcome of the other. A driver can prevail in court and still lose the license, or the reverse. The window to challenge the suspension is short, which is why the administrative side is usually addressed first.
Where the Defense Starts
Field sobriety exercises are the usual starting point. They are scored by an officer at the roadside, often in poor lighting, sometimes on uneven pavement, and the results depend heavily on how the instructions were delivered. Medical conditions, footwear, fatigue, and anxiety all affect performance. A Hillsborough County DUI defense lawyer reviews the dash and body camera footage against the written report to see whether the two match.
The stop itself is also worth examining. Deputies need a lawful reason to pull a vehicle over, and if that reason does not hold up, everything gathered afterward may be excluded. Anyone facing a refusal count alongside a DUI should speak with a Hillsborough County, FL DUI defense lawyer quickly, because the administrative deadline arrives long before the first court date.
Protecting Your License and Your Case
Two clocks start running on the night of a refusal arrest, and the administrative one runs faster. Our firm handles the license challenge and the criminal defense together so that neither is neglected while the other proceeds. To discuss what happened during your stop, contact StechLaw Criminal Defense and request a confidential consultation with a Hillsborough County DUI defense lawyer. Bring the citation and any paperwork issued at the jail.
