What Every Driver Needs to Know About the Harsher DUI Laws in 2025 and How a Florida DUI Attorney Can Fight to Protect Your Freedom

Florida lawmakers passed "Trenton's Law" to send a clear message: impaired drivers involved in serious crashes will face some of the toughest penalties in the country, even if it's their first DUI. I defend people charged under this new law every day, and I can tell you from experience, the penalties are steep, but the law has gaps that can be challenged. If you're facing charges under Trenton's Law, you need more than advice—you need a Florida DUI Attorney who knows how to protect your rights and push back against prosecutors trying to make an example out of you.

WHAT IS "TRENTON'S LAW" AND HOW DOES IT CHANGE FLORIDA DUI CASES?

Trenton's Law is named after a 16-year-old boy who died in a 2023 crash involving a driver later found to be impaired. Public outrage led to new legislation, and in 2025, Florida passed the enhanced sentencing law aimed at DUI offenders who cause death or serious injury.

Under the amended Florida Statutes §316.193(3), the law now states:

"Any person who causes or contributes to causing the death or serious bodily injury of another human being while driving under the influence... shall be subject to enhanced penalties including but not limited to mandatory minimum sentences, ignition interlock requirements, and permanent license revocation."

In plain terms, the law eliminates leniency for first-time offenders if their case involves injury or death—even when the crash wasn't entirely their fault. Prosecutors are encouraged to pursue felony charges, which carry severe prison terms and lasting consequences.

PENALTIES UNDER FLORIDA'S NEW DUI ENHANCEMENTS

A first-time DUI involving no injuries typically results in a misdemeanor charge. But under Trenton's Law, if the crash leads to someone being hurt or killed, the case automatically becomes a felony. Here's what you could be facing:

  • Third-Degree Felony: For serious bodily injury (up to 5 years in prison)
  • Second-Degree Felony: For death without prior DUI (up to 15 years)
  • First-Degree Felony: For repeat DUI offenders causing death (up to 30 years)
  • Minimum Mandatory Sentences: Judges are no longer permitted to withhold adjudication
  • Lifetime Revocation of Driving Privileges
  • Court-Ordered Restitution
  • Installation of an Ignition Interlock Device
  • Vehicle Impoundment

Once prosecutors see that bodily harm occurred, they have the legal authority to charge the case aggressively—even if your BAC was just over the limit or your actions weren't the primary cause.

WHY YOU NEED A PRIVATE DUI ATTORNEY IMMEDIATELY

I have handled hundreds of felony DUI cases, including those where Trenton's Law has been used to push for mandatory prison time. In every one of these cases, the outcome was determined not just by what happened at the scene, but by how the defense was presented in court. Public defenders are overloaded. Prosecutors are under pressure. You need someone fighting just for you.

From the start, I examine every angle:

  • Was the BAC test conducted properly?
  • Was causation truly established?
  • Were your constitutional rights violated?
  • Did law enforcement collect evidence lawfully?

A strong defense often starts by showing that impairment wasn't the cause of the crash—or that you weren't legally impaired at all.

LEGAL DEFENSES THAT CAN BE USED TO FIGHT DUI CHARGES UNDER TRENTON'S LAW

Even though Trenton's Law sounds like a conviction is automatic, that's far from the truth. Here are some key defense strategies I use in these cases:

1. Challenging Causation

Just because a DUI is involved doesn't mean it caused the injury. I review the crash investigation, witness statements, and crash reconstruction reports to dispute causation.

2. Unreliable Blood or Breath Test Results

Improper calibration, expired kits, or poor officer training can lead to suppressed results. If the blood alcohol or drug result is tossed, the case may fall apart.

3. Medical Conditions Mimicking Impairment

Many of my clients suffer from conditions like diabetes, which can mimic signs of impairment. This is particularly strong when paired with marginal BAC readings.

4. Violation of Miranda Rights or Unlawful Stops

If you were questioned without being properly informed of your rights or pulled over without reasonable suspicion, I can push to have critical evidence thrown out.

5. Comparative Fault

In crashes involving multiple vehicles, I often work with accident reconstructionists to show the other driver was partly or entirely at fault. This can reduce felony charges.

A REAL CASE WE WON: DUI FELONY DROPPED AFTER CHALLENGING CAUSATION

A recent client of mine was a 25-year-old nursing student arrested after a late-night collision where a pedestrian was seriously injured. The police charged her under Florida §316.193(3) based on her 0.09 BAC and filed a second-degree felony. Prosecutors initially demanded five years in state prison.

I got to work right away, pulling traffic camera footage, accident reconstruction, and GPS data. It showed the pedestrian crossed against the light mid-block in dark clothing. There was no dashcam footage from the patrol vehicle, and field sobriety exercises weren't recorded.

We filed a motion to suppress the blood test due to improper handling by the nurse who drew it without a proper warrant. Once that evidence was suppressed, the prosecution dropped the felony charge. The client pled to a reduced misdemeanor DUI with probation and kept her license.

This is the kind of result you don't get without a private Florida DUI Attorney who understands how these cases fall apart under scrutiny.

FLORIDA STATUTES YOU NEED TO KNOW

Here are key statutes often used alongside Trenton's Law in DUI prosecutions:

Florida Statute §316.1935 – Fleeing or Attempting to Elude

Prosecutors may add this charge if police claim you tried to avoid arrest.

Florida Statute §316.193(3)(c)

"Any person who causes the death of any human being... while driving under the influence... commits DUI manslaughter, a felony of the second degree…"

Florida Statute §322.28(4)

Mandates permanent license revocation upon DUI manslaughter conviction.

Florida Statute §921.0022

Sets felony sentencing guidelines, used to determine the sentence range and points assigned for DUI convictions.

Knowing how to argue within this framework is essential. I use statutory interpretation, case law, and constitutional law arguments to protect my clients from the worst-case outcomes.

WHY PROSECUTORS FILE UNDER TRENTON'S LAW EVEN WHEN IT'S UNFAIR

Police officers don't make the final charging decision—prosecutors do. They review reports and make a strategic call, especially if a serious injury or death is involved. If your case gets picked up by the media, they may file the most serious charge possible just to appear "tough on DUI."

That doesn't mean you're out of options. I negotiate directly with the State Attorney's Office, often before charges are formally filed, to try to reduce the charge to something that won't ruin your future. The earlier you hire me, the more I can do.

WHY MUSCA LAW IS BUILT FOR THIS FIGHT

Our firm has 35 locations throughout Florida, and I personally handle DUI cases throughout the state. Whether you were arrested in Tampa, Fort Lauderdale, Gainesville, or the Florida Panhandle, we're ready.

Private representation isn't just about legal defenses; it's also about protecting your job, your family, and your record. I know how to work with court clerks, get license hearings on the books, request formal review hearings, and file pretrial motions that can change the outcome entirely.

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 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.

If you've been charged under Florida's new Trenton's Law, don't wait. Your future is at stake, and your defense starts now. Call me today.