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Jose 'Pepe' Diaz refused to take breath test after DUI arrest, police say

Miami-Dade County commissioner apologizes after arrest in Key West

KEY WEST, Fla. – A Miami-Dade County commissioner arrested in Key West on suspicion of drunken driving refused to consent to a breath test, a police report obtained Monday by Local 10 News said.

Jose "Pepe" Diaz was arrested on a DUI charge after he was pulled over on his motorcycle Saturday night on South Roosevelt Boulevard.

"This is something that I don't desire upon anybody and something extremely difficult, especially standing here and saying it the way I'm trying to say it," Diaz said outside his home Monday afternoon. "Again, I am sorry."

The police report said Diaz was traveling 74 mph in a 30 mph zone. An officer wrote in the report that Diaz didn't use the kickstand for his motorcycle, causing it to fall over.

Police said Diaz's speech sounded slurred, his eyes were bloodshot and his breath smelled of alcohol.

Diaz told police he had a rum and Coke and one glass of champagne about three hours earlier, the report said.

Police said Diaz failed a roadside field-sobriety test, so he was arrested and taken to the Monroe County Detention Center.

While he was being processed, Diaz refused multiple requests to take a breath test, but police performed the test against his will, the report said.

Diaz, who was elected to office in 2002, was released from jail on a $1,000 bond Sunday.

"Under advice of my legal counsel, I cannot discuss details at this time," Diaz said in a statement after the arrest. "However, I look forward to resolving this matter. In the meantime, I will continue to serve my community and the residents of District 12 as I have done for the last 24 years, and I humbly ask for your patience during this time."

Diaz is expected to appear before a Monroe County judge Oct. 5.

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