Laws evolve—but your defense should remain constant: informed, strategic, relentless.
– Carolle El-Naffy
TL:DR
As of October 1, 2025, Florida’s Trenton’s Law criminalizes first-time refusal in DUI/BUI stops and increases penalties for repeat offenders. Understand the changes so you’re not blindsided.
When you’re pulled over on suspicion of DUI or BUI, the stakes just got higher. Come October 1, 2025, Florida’s Trenton’s Law turns what used to be a civil matter—refusing a breath or urine test—into a criminal offense for the first time. That change is profound.
What Trenton’s Law Changes
Under House Bill 687, new rules take effect:
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A first-time refusal to submit to a lawful breath or urine test becomes a second-degree misdemeanor. Florida Senate+2Florida’s Voice+2
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A second or subsequent refusal escalates to a first-degree misdemeanor as before. The Law Offices of Robert David Malove+3Florida’s Voice+3Florida Senate+3
Beyond refusals, the law also enhances penalties for repeat DUI, BUI manslaughter, and vehicular or vessel homicide. Repeat offenses that were second-degree felonies can be upgraded to first-degree felonies. Florida Senate+2The Law Offices of Robert David Malove+2
These changes reflect a significant shift in how Florida treats refusal and repeat DUI behavior. Drivers can no longer rely on the assumption that refusal carries only civil consequences.
Why This Change Matters
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Criminal Record
What used to be an administrative violation now can become part of your criminal record after a single refusal. -
Greater Prosecutorial Leverage
Prosecutors now have more tools to push for conviction, using refusal itself as a criminal charge. -
Increased Risk in Repeat Cases
Those with prior DUI-related convictions face heavier penalties. Upgrades to first-degree felonies mean steeper sentences, reduced plea flexibility, and longer jail terms. -
Preservation of Rights Requires Strategy
Given the shift, your timing, decisions, and defense plan become more crucial than ever.
Legal Background: Implied Consent + Refusal Statutes
Florida’s implied consent law deems that by driving a vehicle, you consent to testing of breath, urine, or blood upon lawful request. Online Sunshine+2Musca Law+2
Under § 316.1939, if a person refuses a lawful chemical test, refusing a first time was historically a noncriminal infraction, but with prior suspensions, a refusal could already become criminal. Online Sunshine+2Florida Senate+2
Trenton’s Law overrides that by making first refusal itself criminal. The legislature also adjusted the severity ranking chart in the Criminal Punishment Code. Florida Senate
How Defense Strategies Must Adapt
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Pre-interview planning
Before ever speaking with law enforcement, knowing your rights and understanding the consequences of refusal is essential. -
Formal review hearings
Even when refusal leads to administrative license suspension (12 months or 18 months), you can demand a formal review to challenge that suspension. Sammis Law Firm+2Sammis Law Firm+2 -
Suppressing improper warnings or conduct
If law enforcement failed to properly advise you of implied consent consequences, or conducted the test request improperly, your refusal charge may be vulnerable to suppression arguments. -
Negotiation & plea strategy
Given the new severity, attorneys will need to negotiate intelligently—possibly seeking diversion, reduced charges, or shielding refusal from plea bargaining. -
Defense in repeat cases
For drivers with prior offenses, the upgrade to first-degree felony charges means defense will focus heavily on factual challenges, constitutional arguments, and highlighting mitigating conduct.
“A law that punishes thoughts before actions is tyranny.”
— Anonymous
This resonates here: transforming a refusal into a crime forces us to rethink where law enforcement’s power ends and personal rights begin. It reinforces that your decisions during an arrest are not trivial—they now carry criminal weight.
Trenton’s Law marks a turning point in Florida DUI jurisprudence. Refusing a breath or urine test no longer carries only administrative consequences—it now brings criminal liability. Anyone facing a DUI stop after October 1 must understand these changes and act with guidance, not assumption.
Call to Action
Don’t let this new law catch you off guard. If you’re charged with DUI refusal, DUI manslaughter, or vehicular homicide, El‑Naffy Law is ready to fight for your rights.
Call now at (305) 456‑7576.