As of October 1, 2025, Florida’s new “Trenton’s Law” goes into effect. It changes how DUI (Driving Under the Influence) and BUI (Boating Under the Influence) cases are handled.
Most importantly, the criminal penalties are increased. The stakes are higher now for anyone stopped on suspicion of impaired driving or boating – even if they are not under the influence. If you live in Florida, it is essential to understand what this law entails and its significance.
If you’re facing charges for DUI or BUI, Contact Pinellas Family Lawyer.
Why Did Lawmakers Pass Trenton’s Law?
Trenton’s Law is named after Trenton Stewart, an 18-year-old who lost his life to an impaired driver in Tampa. Before the accident, the driver who hit Stewart had already served a 10-year prison sentence for vehicular homicide. This event caused lawmakers to review Florida’s DUI and BUI laws, especially when it came to repeat offenders and drivers who refused testing.
Lawmakers passed the bill, HB 687, unanimously. Republicans and Democrats both agreed that the old penalties did not go far enough. Their goal was simple: hold people accountable and discourage dangerous decisions on Florida’s roads and waterways.
Refusing a Breath or Urine Test is ALWAYS a Crime!
In the past, when under arrest for DUI or BUI, a first-time refusal of a breath or urine test was not a crime. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) could impose an “administrative suspension” of your license, but you would not face criminal charges. Only a second refusal counted as a misdemeanor.
That has changed. Under Trenton’s Law, any refusal is now a crime. A first-time refusal is a second-degree misdemeanor, which is punishable by up to 60 days in the county jail. A second or later refusal is a first-degree misdemeanor, punishable by up to one year in county jail.
To convict someone of Refusal to Submit to Testing under Trenton’s Law, the State Attorney does not need to prove that the defendant was under the influence. Instead, the State only has to establish a few elements.
Elements needed to establish Refusal to Submit to Testing Charge:
- First, the officer must have had probable cause to believe the driver or boater was impaired in Florida, either because their normal faculties were affected by alcohol or drugs or because their alcohol level was .08 or higher.
- Second, the officer must have lawfully arrested the defendant for DUI or BUI.
- Third, the defendant must have been advised that refusing a breath or urine test could result in a civil penalty.
- Fourth, the defendant must have been warned that refusal is a misdemeanor offense.
- Fifth, after being informed of these consequences, the defendant must have refused to take the requested test.
Simply put – a refusal to submit to testing can result in your prosecution.
A refusal also gives the State Attorney more evidence against you in a DUI or BUI. The State Attorney can point to a refusal as evidence of what lawyers call “consciousness of guilt.” In other words, they will likely argue that refusing the test shows you knew you were impaired. A refusal doesn’t just trigger a separate charge; it can hurt your underlying DUI or BUI case, too.
Harsher Penalties for Drivers with Prior Fatal Convictions
Another major change targets people with deadly driving histories. If you have a prior conviction for DUI Manslaughter, BUI Manslaughter, Vehicular Homicide, or Vessel Homicide, the potential penalties for a new DUI or BUI just got tougher.
Before, those crimes were always treated as second-degree felonies, with a maximum of 15 years in prison. Now, under Trenton’s Law, a prior conviction enhances these crimes to first-degree felonies, which carry a maximum sentence of 30 years.
A person who is convicted of either DUI manslaughter or BUI manslaughter must be sentenced to a mandatory minimum prison term of 4 years.
- The message is clear: If someone has already caused a fatal crash, the courts will not treat future offenses lightly. Prior deadly conduct is now built directly into sentencing.
Why Having a DUI/BUI Lawyer Matters More Than Ever
The new rules raise the risks in every DUI and BUI case. Something as quick as saying “no” to a test while under arrest can land you with additional criminal charges. Old convictions can double the prison time you face. These are not small changes. You need strong legal representation.
If you have been arrested for a DUI or BUI in Florida, you must move quickly to protect your wallet, your driving privileges, and your liberty.
Having a lawyer on your side in a DUI or BUI case is more critical than ever. An experienced DUI attorney can challenge how the stop was handled, question whether the testing was conducted lawfully, and argue against the improper use of refusals as evidence. More than that, an experienced DUI attorney can help you understand your choices before you make a decision that changes your future.
Contact Pinellas Family Lawyer Today
If you’re facing charges for Driving Under the Influence (DUI) or Boating Under the Influence (BUI) under Florida’s updated 2025 laws, it’s critical to act fast. The new penalties are tougher than ever—potentially impacting your license, freedom, and future. Don’t leave your case to chance.
Contact Pinellas Family Lawyer today for a confidential consultation. As a trusted, client-focused firm serving Pinellas County and surrounding Florida cities, we’re here to help you navigate your legal options and fight for the best possible outcome in your DUI or BUI case.