Understanding Florida’s New “Trenton’s Law” and What It Means for You

As a Florida DUI Defense Lawyer, I often hear one critical question from drivers: “Can I refuse a breath test if I’ve been pulled over?” In Florida, the answer used to be relatively straightforward—yes, you could refuse, but you’d face administrative penalties like a license suspension. However, the recent implementation of “Trenton’s Law” changed that landscape dramatically.

Trenton’s Law, named after a young man killed by a repeat DUI offender who refused testing, was enacted to close what lawmakers saw as a “refusal loophole.” Now, refusing a lawful breath, urine, or blood test can result in criminal charges, not just administrative penalties. Police officers are also granted broader authority to make arrests if they believe a refusal is an attempt to conceal impairment.

This shift makes understanding your rights under Florida’s Implied Consent Law more important than ever. A single wrong decision at a traffic stop could lead to a DUI arrest, the loss of your license, or even jail time. My job as your defense lawyer is to protect your rights, challenge improper police procedures, and fight to keep your record clean.

Florida’s Implied Consent Law – What It Really Means

Under Florida Statutes § 316.1932, anyone who accepts the privilege of driving in Florida automatically gives “implied consent” to submit to a lawful test of their breath, blood, or urine if arrested for DUI.

Florida Statute § 316.1932(1)(a) states:

“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical or physical test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if lawfully arrested for any offense allegedly committed while the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages.”

This statute essentially ties your driving privilege to compliance. However, “consent” doesn’t mean “no choice.” You can refuse—but you’ll immediately face a license suspension of one year for a first refusal or 18 months for a second or subsequent refusal, plus a misdemeanor criminal charge if you’ve refused before.

With Trenton’s Law, prosecutors can also pursue enhanced penalties for any refusal they view as an intentional obstruction of justice.

How “Trenton’s Law” Changed DUI Refusal Arrests

Before Trenton’s Law, a refusal could hurt your case at trial, but it was primarily a Department of Highway Safety and Motor Vehicles (DHSMV) issue. Now, officers can arrest a driver immediately for refusal itself if there is probable cause to believe the driver was impaired.

The law allows prosecutors to argue that a refusal demonstrates “consciousness of guilt.” This puts innocent drivers—especially those confused or intimidated by the testing process—at severe risk.

That’s why having a private DUI defense attorney matters. I’ve seen many clients wrongly accused because of equipment malfunction, unclear officer instructions, or unlawful stops. My role is to identify every flaw in the arrest process, file motions to suppress unlawfully obtained evidence, and challenge the legality of any refusal arrest under Trenton’s Law.

What Happens When You Refuse a Breathalyzer in Florida

Here’s the sequence of what usually occurs if you refuse a breath test in Florida:

  1. You’re lawfully stopped for suspected DUI based on officer observation.

  2. The officer reads the Implied Consent warning, advising you that refusal results in license suspension and possible criminal charges.

  3. You refuse to take the test.

  4. The officer seizes your license and issues a 10-day temporary permit.

  5. The officer files a refusal affidavit and arrests you, often under Trenton’s Law.

The refusal is then sent to the DHSMV for an administrative suspension review. You have 10 days to request a formal hearing to challenge that suspension.

I strongly recommend contacting a private DUI lawyer immediately during this window. A skilled defense can often prevent permanent suspension or use the hearing to uncover weaknesses in the state’s case before it reaches criminal court.

Relevant Statutes Beyond §316.1932

A few other Florida statutes work alongside the implied consent law:

  • §316.1933 – Allows forced blood draws in cases involving death or serious injury.

  • §316.1939 – Makes refusal to submit to a lawful test a first-degree misdemeanor if you’ve previously refused.

  • §322.2615 – Outlines administrative license suspension procedures and hearing rights.

Each of these laws has technical requirements that police must follow precisely. Even a small procedural mistake—such as reading the wrong implied consent notice or failing to record the refusal properly—can lead to dismissal or reduction of charges.

Defenses to a Florida DUI Refusal Charge

A DUI refusal case is not open-and-shut. There are multiple defense strategies I use to challenge these charges, depending on the facts:

1. Unlawful Traffic Stop
If the officer lacked reasonable suspicion to initiate the stop, any subsequent arrest or request for a breath test is invalid. I often file a motion to suppress all evidence obtained after the illegal stop.

2. Improper Implied Consent Warning
The officer must read a standardized warning explaining your rights and the consequences of refusal. If that warning was incomplete or confusing, your refusal might not be legally valid.

3. Lack of Lawful Arrest
Under §316.1932, implied consent applies only after a lawful arrest for DUI. If the officer didn’t meet the arrest requirements, any refusal cannot be used against you.

4. Medical or Psychological Impairments
Some drivers genuinely cannot perform or understand the breath test due to medical conditions or language barriers. Those facts can be used to argue there was no willful refusal.

5. Faulty Equipment or Procedure
Breathalyzer devices must be approved, maintained, and calibrated per state standards. Failure to follow these rules may render the test (or even the refusal notation) inadmissible.

Real Case Example: How I Beat a DUI Refusal Charge

Several years ago, I represented a young woman in Pinellas County who refused a breath test after being pulled over for “weaving.” The officer noted “odor of alcohol” and “bloodshot eyes” but no field sobriety test video existed.

He claimed she refused testing after a warning. However, the implied consent form he read from was outdated, missing the post-Trenton’s Law advisories. I subpoenaed bodycam footage showing he never confirmed she understood her rights before marking it a “refusal.”

We filed a motion to suppress, and the court ruled the refusal invalid because the warning did not meet statutory requirements. The state dropped the DUI charge, and her license was reinstated.

This case shows why immediate legal help makes all the difference. Many defendants assume refusal means automatic guilt, but procedural missteps can be powerful grounds for dismissal.

Why You Need a Private Florida DUI Defense Lawyer

Public defenders are hardworking professionals, but they often handle hundreds of cases at once. DUI refusal cases require extensive time to analyze bodycam footage, maintenance logs, arrest records, and procedural steps—tasks that often determine the outcome.

A private attorney can file motions, conduct independent investigations, and negotiate with prosecutors for reduced charges, withheld adjudication, or dismissal. I personally attend each DHSMV hearing to challenge your license suspension while simultaneously preparing your court defense.

Every case is unique. Some clients benefit from early plea negotiations to avoid jail, while others must push for trial to clear their name. The sooner you contact me after your arrest, the better your chances of protecting your license and avoiding a criminal record.

Your Rights During a DUI Stop

Knowing your rights before you’re pulled over can protect you from self-incrimination and help your lawyer later. You have the right to:

  • Remain silent, except for providing identification.

  • Decline field sobriety exercises (they are voluntary).

  • Ask if you are free to leave.

  • Request an attorney before answering additional questions.

However, refusing a lawful breath test under Trenton’s Law may still lead to arrest, so it’s critical to remain calm, polite, and say as little as possible. Your attorney can later challenge whether the officer’s demand was lawful.

How a Lawyer Can Protect Your Record

In DUI refusal cases, I typically pursue a dual-track defense strategy:

  1. Administrative Defense (DHSMV) – Challenge the license suspension and seek a hardship permit.

  2. Criminal Defense (Court) – Attack the refusal’s validity and the officer’s probable cause.

If successful, this approach can save your driving privileges and prevent a permanent criminal record. I also help clients avoid mandatory jail time, community service, and probation requirements by pursuing alternative sentencing when appropriate.

Even a first-time DUI refusal can carry lasting damage to your background checks, insurance rates, and professional licensing. My job is to prevent that from happening.

How Florida Courts Interpret Refusal Under Trenton’s Law

Courts are still refining how Trenton’s Law applies in real-world scenarios. Some judges have ruled that officers must still meet the same probable cause standard as before, while others have allowed immediate arrests based solely on the refusal.

As a defense attorney, I stay updated on these rulings across counties like Hillsborough, Orange, and Miami-Dade, because interpretations vary. I use emerging case law to argue that my client’s refusal didn’t meet the threshold for criminal intent or obstruction.

This evolving legal landscape makes it even more important to have an attorney familiar with current Florida DUI case law and administrative regulations.

What To Do If You Already Refused a Breath Test

If you’ve already refused a test, time is critical. You have just 10 days from the date of arrest to request a DHSMV hearing. Missing that deadline means an automatic suspension with no chance of review.

Here’s what I tell every client to do immediately:

  • Write down every detail of the traffic stop.

  • Keep your citation and temporary permit.

  • Contact a DUI defense lawyer before your 10-day window closes.

Even if you think your case is hopeless, the state must still prove every element beyond a reasonable doubt. With experienced defense, many cases end in dismissal or reduced penalties.

Call to Action: Protect Your Rights and Your License

If you were arrested for DUI or accused of refusing a breath test under Trenton’s Law, don't wait. Legal action must begin immediately to protect your driving privileges and your record.

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

Florida DUI Refusal Defense FAQs

What happens if I refuse a breath test under Trenton’s Law?
Under Trenton’s Law, refusing a lawful test can now lead to criminal charges, not just administrative penalties. Police can arrest you on the spot, and prosecutors can argue your refusal shows guilt. A skilled defense attorney can challenge whether the officer had proper cause to demand the test or whether you were lawfully arrested before the request.

Is it better to refuse or take the breath test in Florida?
There’s no one-size-fits-all answer. If you take the test and blow over the limit, that’s hard evidence against you. If you refuse, you risk license suspension and possible arrest under Trenton’s Law. An attorney can review your unique situation and determine whether your rights were violated during the stop or testing request.

Can I challenge a license suspension for refusing the test?
Yes, but you must act within ten days of your arrest. A formal DHSMV hearing allows your lawyer to question the officer and present evidence. Many clients win these hearings because the state fails to follow proper procedures.

What if the officer didn’t read me the implied consent warning correctly?
If the officer failed to give the proper warning or used outdated language, your refusal might not be legally valid. Courts require strict compliance with §316.1932. Your attorney can use that mistake to suppress the refusal evidence entirely.

Can I still get a hardship license after refusing?
Possibly, yes. If this is your first refusal and you’ve not had a prior suspension, you may be eligible for a hardship license after completing DUI school. A lawyer can help file the necessary paperwork and ensure your eligibility.

Does a refusal count as a DUI conviction?
No, a refusal itself is not a DUI conviction, but it can trigger related criminal charges and license suspension. However, prosecutors can use your refusal as circumstantial evidence of guilt. Legal representation is crucial to preventing that outcome.

What should I say if an officer asks me to take a breath test?
You have the right to ask if you are under arrest and whether the request is lawful. Remaining calm and respectful helps. Avoid making statements that could be used against you later. Contact a lawyer immediately afterward to review your options.

Can a police officer force me to take a breath test?
In most cases, no. Officers cannot use physical force for a breath test, but they can request a warrant for a blood draw if impairment caused injury or death. Forced tests are governed by §316.1933, and any deviation can be grounds for dismissal.

How long will my license be suspended if I refuse?
A first refusal carries a one-year suspension. A second or subsequent refusal results in an 18-month suspension and a first-degree misdemeanor charge. An attorney can often reduce or eliminate these penalties through administrative and court action.

Why should I hire a Florida DUI Defense Lawyer after a refusal arrest?
Because refusal cases involve both administrative and criminal elements, they require precise legal handling. A seasoned attorney understands how to challenge probable cause, suppress unlawfully obtained evidence, and negotiate for reduced outcomes. Having a dedicated defense lawyer can be the difference between a conviction and a clean record.

 

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 over 35 office locations throughout 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.