Understanding How Florida’s New Law on Refusals and Repeat Offenses Could Affect Your Freedom

Florida has always taken DUI and boating under the influence very seriously, but a new change known as Trenton’s Law has raised the stakes in ways many people are not prepared for. If you are arrested for driving or boating under the influence, refusing to provide a breath or urine test is no longer simply a license suspension issue. For the first time in Florida, refusing a chemical test can itself be a crime, even if it is your first refusal.

Under this law, repeat offenders in DUI or BUI cases face automatic felony charges. At the same time, a first refusal of a breath or urine test is now classified as a second-degree misdemeanor, carrying jail exposure, fines, and a permanent criminal record. This represents a dramatic shift away from prior Florida law, where the refusal often meant administrative consequences but not a separate criminal conviction.

I know how quickly these cases can spin out of control, because I’ve defended hundreds of DUI cases across Florida. I’ve seen clients who thought they were making the “safe” choice by refusing a test suddenly face criminal charges they never expected. That is why it’s crucial to understand the details of Trenton’s Law and why having a private Florida criminal defense attorney gives you the best chance at protecting your future.

Florida Trenton’s Law: What It Says

The new law directly amends sections of Florida Statutes Chapter 316 (driving under the influence) and Chapter 327 (boating under the influence). The key change is that refusing a chemical test after a lawful arrest is no longer treated only as an administrative suspension. It is now punishable as a crime.

Florida Statutes §316.1932(1)(a)1.a. (as amended by Trenton’s Law):

“Any person who accepts the privilege of operating a motor vehicle within this state is 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, and to a urine test for the purpose of detecting the presence of chemical substances or controlled substances, 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. A refusal to submit to a lawful test constitutes a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.”

Florida Statutes §775.082(4)(b):

“For a misdemeanor of the second degree, a term of imprisonment not exceeding 60 days.”

Florida Statutes §775.083(1)(e):

“For a misdemeanor of the second degree, a fine not exceeding $500.”

This is the first time Florida has made a test refusal itself a stand-alone crime. That means you could walk away from a DUI arrest with two separate charges: the DUI and the refusal.

Repeat Offenders Now Face Felony Charges

Trenton’s Law also raises penalties for repeat offenders. Previously, multiple DUIs or BUIs within certain timeframes led to enhanced misdemeanors or felony designations. Now, if you are a repeat offender with prior DUI or BUI convictions, you can be charged with a third-degree felony simply because of your record, regardless of the circumstances.

Florida Statutes §316.193(2)(b)1.:

“Any person convicted of a third violation for driving under the influence, which occurs within 10 years after a prior conviction for driving under the influence, commits a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.”

Florida Statutes §775.082(3)(e):

“For a felony of the third degree, a term of imprisonment not exceeding 5 years.”

Florida Statutes §775.083(1)(c):

“For a felony of the third degree, a fine not exceeding $5,000.”

This means if you already have prior DUI convictions, even a borderline case today can expose you to a felony prosecution. Combine that with the new refusal law, and people are facing more criminal exposure than ever before.

Why Refusal Is No Longer a “Safe Option”

For years, many people thought refusing a breath test was a way to protect themselves in a DUI arrest. The logic was simple: if there is no test result, the State has a harder time proving impairment. While that used to be true in some cases, the legislature has closed that door.

Now, even if you avoid giving the State evidence of your blood alcohol level, you face a separate misdemeanor conviction just for refusing. This is especially dangerous for professionals, students, or anyone with a license that could be impacted by a criminal record.

This is why I always tell clients: you cannot “outsmart” the system on your own. Prosecutors know these cases inside and out, and Trenton’s Law gives them new tools to pressure defendants. Without a private defense lawyer, you may feel like you have no options. In reality, there are still many defenses we can pursue.

Defenses Against Trenton’s Law Charges

The fact that refusing is now a crime does not mean every case ends in a conviction. In my practice, I raise every possible legal and factual defense, because prosecutors must still prove their case beyond a reasonable doubt. Some common defenses include:

  • Challenging the legality of the stop: If the initial traffic stop or boating stop was unconstitutional, everything that follows, including the refusal, can be thrown out.

  • Attacking probable cause for arrest: Florida law requires “lawful arrest.” If the officer lacked probable cause, the refusal charge is invalid.

  • Questioning the request itself: Officers must advise you properly under the implied consent law. If they gave faulty or misleading information, the refusal may be suppressed.

  • Medical or physical limitations: In some cases, a person physically cannot provide a sample due to health conditions. This is not a crime.

  • Improper procedures: Breath testing machines and urine collection processes must follow strict protocols. If the procedures were not followed, the evidence is unreliable.

As a private attorney, I take the time to investigate every angle, interview witnesses, and obtain body camera footage. Public defenders are hardworking, but they often don’t have the resources to go this deep. That difference can be the reason your charges are reduced or dismissed.

Real Case Example

Several months ago, I represented a man in Pinellas County who was stopped leaving a marina after having a few drinks with friends. Officers claimed they saw him “swaying” as he walked, and when asked to submit to a breath test, he refused. Under Trenton’s Law, that refusal itself was filed as a second-degree misdemeanor.

I challenged the arrest on the basis that the officer had no probable cause. The bodycam showed my client was steady on his feet and complied with instructions. We filed a motion to suppress the refusal charge as unlawful because the arrest itself was unlawful. The judge agreed and dismissed the refusal charge. Ultimately, the State agreed to reduce the DUI to reckless driving, and my client avoided both jail time and a permanent DUI record.

This case illustrates why having a private attorney makes all the difference. Without filing that suppression motion, my client would likely have been convicted of both the DUI and the refusal.

The High Stakes of Felony DUI or BUI

For repeat offenders, Trenton’s Law makes the situation even more dangerous. A felony DUI or BUI carries not only up to five years in prison but also long-term consequences: loss of civil rights, permanent record, impact on employment, immigration consequences, and loss of professional licenses.

When I meet clients facing these charges, the most important step is to immediately evaluate whether prior convictions were valid and admissible. Sometimes prior DUIs are old or were resolved in ways that may not count under current law. By attacking the foundation of the felony enhancement, we can sometimes reduce the charge back to a misdemeanor.

Again, this is not work you can do effectively on your own. It requires legal knowledge, strategic motions, and persistence.

Why You Need a Private Defense Lawyer

Every section of Trenton’s Law is designed to limit your options. Prosecutors will point to the statute and say, “It’s a crime to refuse. It’s a felony if you have priors.” But statutes are not the end of the story. The Constitution protects you, and courts require the State to prove its case properly.

A private defense lawyer has the resources, time, and skill to investigate the case, challenge the evidence, and negotiate with prosecutors. I’ve spent years building relationships with judges and prosecutors across Florida, which allows me to seek alternative resolutions that keep people out of jail.

Without that, you risk going through the system on autopilot, where the outcome is a conviction that follows you for life.

FAQs About Florida Trenton’s Law Defense Lawyer

What is Trenton’s Law and why is it important?

Trenton’s Law is Florida’s new legislation that makes refusing a chemical test after a DUI or BUI arrest a crime. A first refusal is now a second-degree misdemeanor. It also raises penalties for repeat offenders, making multiple DUIs or BUIs felonies. This law is important because it changes the risks for anyone arrested in Florida. Before, refusal was an administrative issue, now it is a criminal offense that stays on your record. Speaking with a Florida Trenton’s Law Defense Lawyer can help you understand your rights and options.

What are the penalties for refusing a chemical test under Trenton’s Law?

A first refusal is now a second-degree misdemeanor under §316.1932, punishable by up to 60 days in jail and a $500 fine. A second refusal, or a refusal with a prior DUI record, can carry enhanced penalties. On top of that, you still face the DUI charge itself. The consequences can include license suspension, mandatory classes, probation, and in some cases jail. This is why having a Florida Trenton’s Law Defense Lawyer is critical.

How does this law affect boating under the influence (BUI) cases?

Trenton’s Law also applies to boating. Under §327.352, refusing a breath, blood, or urine test during a lawful BUI arrest is now a crime, just like in DUI cases. That means someone stopped on the water for suspected impairment can face the same penalties as a driver on the road. These cases are complex, because marine patrol officers must follow specific procedures. A Florida Trenton’s Law Defense Lawyer can analyze whether those procedures were followed and build a defense accordingly.

Can I fight a refusal charge if I had a medical reason?

Yes, you can. The statute requires a willful refusal. If a medical condition prevented you from providing a sample, it is not a valid refusal. For example, severe asthma, COPD, or bladder conditions may prevent someone from complying. In those cases, a defense attorney can present medical records and testimony to show you did not intentionally refuse. A Florida Trenton’s Law Defense Lawyer will know how to properly raise this defense.

What if the officer did not properly inform me of the consequences?

Florida law requires officers to read you the implied consent warning before asking for a test. If they failed to do so, or gave an incomplete or misleading warning, the refusal charge may be dismissed. I have won cases where the officer rushed through the explanation or left out critical parts. This is a strong defense strategy that a Florida Trenton’s Law Defense Lawyer can raise on your behalf.

How can a private attorney help me more than a public defender?

Public defenders work very hard, but they often carry heavy caseloads. That means they cannot always file every motion, investigate every angle, or spend as much time with you. A private attorney can devote the time and resources needed to uncover defenses, challenge procedures, and negotiate with prosecutors. Especially under Trenton’s Law, where prosecutors are aggressive, this difference can determine whether you walk free or serve time.

Will this law apply if it’s my first ever DUI arrest?

Yes. Even if you have no criminal history, refusing a breath or urine test is now a second-degree misdemeanor. That means you could end up with a permanent record for simply saying “no” to the test. While it may seem unfair, that is what the law says. The only way to protect yourself is by working with a Florida Trenton’s Law Defense Lawyer who knows how to challenge the State’s case.

Can prior out-of-state DUIs count as repeat offenses in Florida?

Yes, they can. Florida law allows prosecutors to use prior out-of-state DUI convictions to enhance your charges. However, not every prior qualifies. The out-of-state statute must be “substantially similar” to Florida’s DUI law. A skilled Florida Trenton’s Law Defense Lawyer can review your prior cases and argue that they should not count, reducing your exposure from a felony to a misdemeanor.

​​Protect Your Rights with a Florida Trenton’s Law Defense Lawyer

Trenton’s Law is one of the harshest changes to Florida’s DUI and BUI laws in decades. Refusing a test is now a crime. Repeat offenses mean felony charges. The risks are too high to handle this alone.

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 30 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.