Published: Aug 10, 2010 10:40 PM EDT
Updated: Aug 10, 2010 6:31 PM EDT

BONITA SPRINGS, Fla. - It was a story that had all of Southwest Florida talking.

More than 50 people claimed they had been drugged at the Blue Martini in Naples.

Today, a waitress who worked at that bar wanted to use that defense in her DUI trial. But she never got the chance. 

Dana Fisher's legal battle started last November, and ended today when a judge ruled her lawyer couldn't argue she was drugged at Blue Martini if there was no toxicology report to prove it. Fisher refused to do a breathalyzer test after she crashed her car in Bonita Springs last November.

Four months later, Fisher filed a report claiming someone slipped her something in her drink after a long night of waitressing at Blue Martini. She said that was the only explanation because she doesn't remember leaving work, or crashing her miles away from her home.    

Prosecutors argued that Fisher would need more than speculation and won. So she agreed to a plea deal. The judge read her sentence: a $500 fine, court costs, community service, DUI school, and six months without driving.

Fisher was also fingerprinted in court as part of her probation. Fisher didn't want to talk to us on camera, but did say she wants to put it all behind her.