If you've been arrested for DUI involving prescription pills, marijuana, or other controlled substances—and now you're hearing prosecutors mention "Trenton's Law"—you're not alone. Since Florida's new DUI reform law went into effect, I've seen an alarming rise in felony charges tied to impairment by substances other than alcohol. Let me be very clear: yes, Trenton's Law can apply to drug-related DUIs, and the penalties are just as severe—or worse.

As a Florida DUI Attorney, I've defended countless drivers accused of impaired driving under this new law. And here's what I tell every client facing charges: the prosecution does not need to prove you were drunk to throw the book at you. If they can show you were impaired by any substance and someone was seriously injured or killed, Trenton's Law gives them a green light to pursue long prison sentences, lifetime license revocations, and felony convictions.

WHAT IS TRENTON'S LAW?

Trenton's Law was enacted to toughen DUI penalties in cases involving serious bodily injury or death. Named after a teenager who was killed in a crash with an impaired driver, the law updates Florida Statute §316.193 to require enhanced penalties when DUI leads to tragic outcomes.

But here's the critical part most people don't realize: Trenton's Law isn't limited to alcohol. The statute was amended to say:

"A person is guilty of DUI if they are under the influence of alcoholic beverages, chemical substances, or controlled substances... to the extent that their normal faculties are impaired."

That means any drug that affects your ability to drive—prescription or illegal—can be used to charge you. Even legally prescribed anxiety medication, pain relievers, or sleep aids could be used as the basis for a felony DUI case if an accident happens.

HOW DRUG-IMPAIRMENT DUIS ARE TREATED UNDER TRENTON'S LAW

Trenton's Law doesn't change the legal definition of DUI—it changes the punishment. If you're found guilty of DUI involving drugs and the crash caused:

  • Serious bodily injury, you're facing a third-degree felony, up to 5 years in prison.
  • Death, you're now looking at second-degree felony charges, up to 15 years.
  • Death with a prior DUI manslaughter conviction, it becomes a first-degree felony, up to 30 years.

Even without prior offenses, the stakes are enormous. The law requires mandatory minimum sentencing, which means a judge can't go easy on you—even for a first offense.

DRUG DUI CASES ARE HIGHLY DEFENSIBLE—BUT ONLY IF YOU ACT FAST

Unlike alcohol-based DUIs that often rely on breath tests, drug-based DUIs are much harder for the state to prove. Prosecutors typically rely on:

  • Urine or blood tests
  • Officer observations
  • Drug recognition evaluations (DREs)
  • Field sobriety exercises

But drug tests only show that a substance is present—they don't always show impairment at the time of driving. For example, marijuana can stay in your system for days or weeks. That means the state still has to prove that you were actually impaired when the accident occurred, and that your impairment caused the crash.

In every drug DUI case I handle under Trenton's Law, I dig into the lab results, review how evidence was collected, and often bring in toxicologists or accident reconstruction experts to dismantle the prosecution's assumptions.

COMMON DRUGS THAT LEAD TO FELONY DUI CHARGES

I've defended clients arrested after taking all kinds of substances, including:

  • Benzodiazepines (Xanax, Ativan, Valium)
  • Opiates (Percocet, Oxycodone, Morphine)
  • Medical marijuana
  • Antidepressants or antipsychotics
  • Antihistamines and sleep aids
  • THC edibles or vapes
  • Illicit drugs (meth, cocaine, MDMA)

Don't assume that because you have a prescription, you're protected. The law doesn't care if the drug is legal—the question is whether it impaired you at the time of the crash. That's a medical, legal, and scientific issue, and it can be challenged.

REAL CASE EXAMPLE: FELONY DUI REDUCED AFTER CHALLENGING TOXICOLOGY

One of my clients, a 33-year-old teacher, was rear-ended at a red light. Police showed up and found a prescription bottle of Ambien in her car. She was cooperative, passed the field sobriety tests, but still arrested. The other driver had minor injuries, so the case was filed under §316.193(3), invoking Trenton's Law.

We obtained the toxicology report and found that the drug levels were consistent with therapeutic use. I brought in a pharmacologist to testify that the levels could not impair driving. Further, I showed the other driver was texting at the time of the crash.

In court, the prosecutor dropped the felony charge. My client walked out with a non-criminal civil traffic citation and no criminal record.

This is exactly why hiring a Florida DUI Attorney can make the difference between prison and freedom.

WHY YOU NEED A PRIVATE ATTORNEY RIGHT NOW

Public defenders do not have the time or resources to challenge complex toxicology reports or hire crash experts. I do. If you've been arrested under Trenton's Law and the charge involves drugs, you cannot take chances. Every day you wait puts you closer to the court accepting the State's version of events without your side ever being told.

The state will try to paint you as reckless. I will make sure they follow every rule, every chain of custody, every constitutional safeguard. And if they don't—I will fight to have the case thrown out or reduced.

CALL TO ACTION – FLORIDA DUI ATTORNEY

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Trenton's Law can turn a routine stop into a life-changing felony case. Whether your DUI involved a prescription, marijuana, or other controlled substance, the charges can be fought—but only if you take the first step. Call me today. Let's protect your rights, your record, and your future.