How Trenton’s Law Changed DUI Refusals Forever in Florida

What Changed: Trenton’s Law and the Shift in Florida DUI Refusal Rules

I’ve defended countless DUI and refusal cases over my years as a Florida DUI Defense Lawyer, and the passage of Trenton’s Law (House Bill 687), effective October 1, 2025, marks arguably the most significant shift in how Florida handles DUI test refusals in decades. Prior to this reform, a first-time refusal to submit to a breath, urine, or blood test was treated largely as a civil / administrative penalty (a license suspension) rather than a criminal charge. Under the new regime, even a first refusal may carry criminal consequences, turning what was once a “safe gamble” into a far riskier decision.

Here’s a breakdown of how things used to work, how they now work, and why having a skilled private attorney (not a public defender, not a “one-size-fits-all” approach) is now more critical than ever.

Old Law vs. New Law: A Detailed Comparison

Old Law (Before October 1, 2025)

• Under Florida law, drivers implicitly consent to chemical testing when operating a vehicle. See Fla. Stat. § 316.1932:

  “The refusal to submit to the chemical or physical breath test … is admissible into evidence in any criminal proceeding.” 
  The statute also provides that the driver “shall be told that his or her failure to submit … will result in the suspension of the person's privilege … for a period of 1 year for the first refusal … and for a period of 18 months … for a second or subsequent refusal.” 

• Practically, that meant:

  1. First refusal: administrative license suspension (1 year), no criminal charge for refusal itself.

  2. Second or subsequent refusal: a first-degree misdemeanor under Fla. Stat. § 316.1939, punishable by up to 12 months in jail and a fine (typically up to $1,000) 

  3. Even if the refusal was not criminal, the fact of refusal could be introduced into evidence in a DUI prosecution as indicia of consciousness of guilt.

• Also, implied consent warnings required officers to inform the driver that refusal would lead to suspension and, if second refusal, a misdemeanor. If those warnings were not properly given, some courts suppressed admission of the refusal.

• In DUI manslaughter or vehicular homicide cases, penalties for repeat offenders were capped (e.g. second-degree felony up to 15 years). 

New Law (On and After October 1, 2025)

Trenton’s Law (HB 687) amends the Florida DUI and boating statutes to make the first refusal a criminal offense (a second-degree misdemeanor) and increases penalties for repeat DUI manslaughter / vehicular homicide offenses. 

Key changes:

1. First refusal becomes a criminal offense: A refusal to submit to a lawful breath or urine test after a DUI arrest is now a second-degree misdemeanor, punishable by up to 60 days in jail or 6 months probation, and a fine (e.g. up to $500) 

2. Second or subsequent refusals remain misdemeanors: The statute maintains the prior penalty for second or subsequent refusals as a first-degree misdemeanor, punishable by up to 12 months in jail and fines up to $1,000. 

3. Stricter DUI‐manslaughter / vehicular homicide penalties: For those with prior DUI or vehicular homicide / BUI manslaughter convictions, the law increases the penalty from second-degree felony (max 15 years) to first-degree felony (max 30 years). 

4. Statutory wording adjustments: The amended bill directs that persons be told the refusal will result in a second-degree misdemeanor (first refusal) or first-degree misdemeanor (subsequent refusal) rather than only administrative consequences. 

Thus, under new law:

• A driver who refuses a breath or urine test even once, following arrest, may now face jail time, a criminal record, and a fine—on top of the administrative license suspension.

• The fact of refusal can still be used in a DUI prosecution.

• The stakes in refusal cases are much higher, raising the need for rigorous legal defense from day one.

Here’s a side-by-side summary:

Why You Need a Private Attorney Immediately

Every time I’m called into a case under the new regime, there’s one thing I emphasize: you cannot afford to take a passive approach. Here’s why a private attorney is indispensable:

• Motion to suppress / suppression strategy: Under both old and new law, evidence (including refusal, field tests, traffic stop) may be suppressed if constitutional rights were violated (illegal stop, Miranda confusion, improper implied consent warning). Public defenders often lack the resources to litigate technical suppression motions.

• Challenging the implied consent warning: If officers failed to properly warn you — particularly under new law where they must advise of criminal consequences — you may be able to suppress refusal evidence. (This is tied to the “confusion doctrine.”) 

• Expert testimony and forensic review: A refusal case may require scrutiny of body cam video, breath machine logs, calibration records, and officer procedures. Only a seasoned firm will bring in toxicologists or forensic experts as necessary.

• Plea negotiation leverage: A skilled attorney can often negotiate reductions — e.g., pushing the refusal misdemeanor to probation or community service, or trading a DUI charge down to reckless or non-criminal alternatives.

• Mitigation and alternative sentencing argument: In future cases (for repeat offenders), presenting mitigating factors (clean record, rehabilitation, community contributions) can help prevent maximum sentences.

• Avoiding compounding penalties: Under Trenton’s Law, the margin for error is slim. One misstep by you or your counsel can mean jail, criminal record, and huge fines — so experience matters.

• Administrative suspension hearing: Even if the refusal charge is criminal, the administrative license suspension portion (with DHSMV) is separate; you still get a “formal review hearing.” A private attorney can fight both fronts in tandem.

When I represent clients, I coordinate both criminal defense and administrative license advocacy, ensuring no disconnect between the two strategies.

What Defenses May Apply Under the New Refusal Regime

Every case has unique facts, but some of the more common defenses I raise include:

• Illegal traffic stop / lack of probable cause: If the officer lacked a legal basis to pull you over, everything that followed (including the request for test) can collapse.

• Improper implied consent warning: Under Trenton’s Law, officers must warn that refusal is a misdemeanor. If they failed, you may suppress refusal evidence under the confusion doctrine. 

• Miranda / custodial confusion: If the driver was effectively in custody and gave ambiguous advice, a court may find the consent/waiver invalid.

• Medical / physical inability: You couldn’t physically provide a sample (emergency, injury, unconsciousness) — this defense is recognized especially in hospital settings.

• Lack of procedural compliance: Breath machine logs, calibration, chain of custody, training documentation — missing or flawed logs can undercut the State’s case.

• Officer error or coercion: If the officer coerced, threatened, or misled you into refusing, that violates due process.

• Statutory exceptions or misapplication: For example, blood draws are governed under Fla. Stat. § 316.1933 in serious injury or death cases, and force may be used under that statute. 

• Suppressing the refusal as prejudicial: Even if technically admissible, if the risk of prejudice outweighs probative value, a motion may bar the evidence.

• Disproving consciousness of guilt inference: The State often argues your refusal shows guilt. With a reliable alternative explanation (fear, inability, medical condition), we can neutralize that inference.

No single defense works in all cases. A good attorney blends multiple lines of attack.

Illustrative Real-Life Victory

Let me share a case from my practice. A client (call him “John”) was arrested in mid-2025 (just before Trenton’s Law took effect) for DUI and refused the breath test. The arresting officer failed to properly advise John of all consequences of refusal under the implied consent statute, and the traffic stop had shaky probable cause (the officer cited weaving, but video showed no weaving). The State filed to suspend his license and intended to use his refusal in the DUI trial.

I filed a motion to suppress the refusal evidence, arguing improper implied consent warning and lack of probable cause. The court agreed and granted suppression of refusal (a critical blow). On the DUI case, the State’s case became unworkable without chemical evidence. The prosecutor offered to reduce to reckless driving (non-criminal) with no jail, and I negotiated down to just a traffic citation. John kept his license after my representation in the administrative hearing. It was a complete win: no criminal record, minimal fine, and license preserved.

Under Trenton’s Law, such wins will depend even more heavily on early, careful motions and pretrial suppression strategy. Public defenders may not have bandwidth for deep forensic analysis — that’s why a dedicated Florida DUI Defense Lawyer is vital.

Why the Stakes Are Now So High

Because refusal can now carry jail time, fines, probation, and a criminal record even on a first refusal, the consequences of not having an experienced attorney are magnified. A conviction can:

• Impact employment, licensing, and professional certifications

• Trigger harsher consequences on a later DUI

• Make subsequent plea bargaining nearly impossible

• Entrench a criminal record with lifelong collateral effects

Your best chance at avoiding the worst outcomes is to retain a private attorney who knows the new law intimately and will fight every day to preserve your rights.

Frequently Asked Questions — Florida DUI Defense Lawyer Answers

What exactly is Trenton’s Law, and when did it take effect?
Trenton’s Law is House Bill 687, signed by the Governor, and it takes effect October 1, 2025. It criminalizes a first-time refusal to submit to breath or urine testing during a DUI arrest (as a second-degree misdemeanor) and enhances penalties for repeat DUI manslaughter / vehicular homicide offenses. 

If I refuse a breath or urine test now, what penalties can I face?
Under the new regime, a first refusal becomes a second-degree misdemeanor — up to 60 days in jail, up to 6 months probation, and fines (commonly up to $500 or as statutorily provided). In addition, you’ll still face administrative license suspension and the refusal evidence can be used in your DUI case.

Are blood tests affected by Trenton’s Law?
Trenton’s Law specifically addresses breath or urine refusals. Blood draws — typically reserved for serious injury or death cases under Fla. Stat. § 316.1933 — may still be compelled in certain circumstances. 

Does refusal still permit license suspension?
Yes. The administrative regime remains intact. Even if the refusal is criminal, you still must respond to DHSMV’s formal review hearing to contest license suspension. Having an attorney helps coordinate both the administrative and criminal defense simultaneously.

Can the refusal evidence be suppressed under the new law?
Yes. If the officer failed to give the updated warning (that refusal is a misdemeanor), or gave confusing Miranda/implied consent advice, courts may suppress refusal evidence under the confusion doctrine. Also suppression may succeed if the traffic stop was invalid or if chain-of-custody or procedural safeguards were ignored.

What happens in DUI manslaughter / vehicular homicide cases under Trenton’s Law?
If someone has a prior DUI manslaughter, vehicular homicide, or BUI manslaughter conviction, a new conviction under those charges now is first-degree felony, with possible up to 30 years in prison (vs. prior maximum of 15 years). 

If I already refused before October 1, 2025, does the new law affect me?
No. Trenton’s Law is not retroactive to past refusals. Your prior refusal defense, hearings, and penalties are governed by the law in effect at the time of your arrest. But if a new arrest occurs post-October 1, the new rules apply.

Do I need a private attorney if the public defender is offered?
Yes. Under the new law, more detailed forensic work (machine logs, expert testimony), aggressive suppression motions, and individualized plea strategies will often exceed what a public defender can do. A private Florida DUI Defense Lawyer can devote resources and time to your case that often makes the difference between a dismissal or a damaging conviction.

Can I get a refusal charge reduced or dismissed?
Yes. With the right defense (suppressed evidence, procedural deficiencies, medical justification, lack of proper warnings, or negotiating mitigating circumstances), many refusal charges can be reduced to probation/traffic level or dismissed altogether. It depends on your facts and your attorney’s aggressiveness.

What should I do immediately after a refusal arrest now (post-Trenton’s Law)?

1. Request a formal review hearing with DHSMV (within 10 days).

2. Contact a seasoned Florida DUI Defense Lawyer right away.

3. Preserve all evidence (body cam, dash cam, logs) and don’t sign anything without legal review.

4. Avoid speaking with prosecutors or investigators without counsel.

Call Musca Law 24/7/365 at 1-888-484-5057 for a FREE Consultation 

If you or someone you care about is facing a DUI refusal charge under Florida’s new law, don’t wait. 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 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.

The landscape has changed. Under Trenton’s Law your first refusal may carry criminal exposure. The risks are too great to go it alone. Call us now so we can begin protecting your rights, building your defenses, and guiding you through both the administrative and criminal sides of your case.