The DUI (Driving under the Influence) laws of Florida have become stricter with the implementation of Trenton’s Law, the new DUI law. The new legislation took effect yesterday, on October 1, 2025. Whether you’re a resident of Florida or not, it’s critical to understand how the law works for drivers, especially when facing DUI charges. If you wonder how refusing a breathalyzer test is a smart move or how repeat DUI offenders are treated under Florida law, this blog will tell you about the key changes.
If you’re facing DUI charges or have been involved in a serious car accident, Injury Assistance Law Firm is by your side. Our experienced car accident attorneys in Orlando hold years of experience handling DUI-related cases and protecting your rights at every step.
What Is Trenton’s Law?
Trenton’s Law has been named in memory of Trenton Stewart, an 18-year-old college student who tragically lost his life in a drunk driving crash in Jacksonville in 2023. The driver responsible had previously served a 10-year prison sentence for another vehicular homicide case., Under the existing laws at the time, he faced no enhanced penalties as he was a repeat offender. Trenton’s Law addresses this gap in Florida law with two major provisions.
Harsh Penalties for Repeat DUI Manslaughter or Vehicular Homicide Offenders
Under the previous legal framework, someone convicted of DUI manslaughter or vehicular homicide faced up to 15 years in prison. In the case of a second offense, the punishment remains the same. Trenton’s Law changes that drastically.
A second conviction for DUI manslaughter, BUI (boating under the influence) manslaughter, or vehicular/vessel homicide is upgraded to a first-degree felony. This change doubles the maximum sentence from 15 years to 30 years.
While cases like these are relatively rare, this law reflects Florida’s strong stance on preventing repeat DUI-related fatalities. It sends a clear message: If you kill someone when being under the influence of an intoxicating substance while behind the wheel more than once, you will face far more severe consequences.
First-Time Refusal to Take a Chemical Test Is Now a Crime
The changed law affects first-time DUI offenders who don’t agree to take a breath, urine, or blood test.
Previously, refusing a chemical test on your first DUI arrest would primarily result in administrative penalties through the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), such as license suspension. But now, under Trenton’s Law, refusing to take a chemical test, even for the first time, is a separate criminal offense.
This means that if you are pulled over for suspected DUI and you refuse to take a breathalyzer or any other chemical test:
- You will still face the original DUI charge
And,
- A new, additional criminal charge for the refusal itself.
This added charge is a second-degree misdemeanor, carrying penalties of up to 60 days in jail and 6 months of probation. While jail time for this charge may be unlikely, especially for first-time offenders, prosecutors now have an extra charge to use in plea negotiations or trial strategies.
What Does This Mean for You?
Many people wonder: “If refusing the test now brings an extra charge, should I just go ahead and take the breath test?” The answer isn’t always direct.
Giving a breath sample can make it easier for the prosecution to build their case against you. A high blood alcohol concentration (BAC) reading is hard evidence that can increase the likelihood of a DUI conviction, which comes with mandatory minimum penalties, including:
- License suspension
- Fines
- DUI school
- Ignition interlock device requirements
- Possible jail time
On the other hand, refusing the test now comes with its own set of consequences. However, a refusal can limit the evidence available to prosecutors, potentially giving your car accident attorney more room to negotiate or fight the charges.
If you’ve been arrested for DUI, regardless of whether you refused the test or not, you must act quickly. You have only 10 days to challenge your license suspension through the DMV. This is why it’s critical to reach out to an experienced DUI defense attorney or car accident attorney in Orlando immediately after your arrest.
How Injury Assistance Law Firm Can Help
At the Injury Assistance Law Firm, our car accident attorneys in Orlando understand how stressful and confusing a DUI arrest can be, with the changes in the law. Whether you’re facing your first offense or dealing with a complex situation involving injuries or fatalities, our team of expert attorneys can help:
- Investigate your case thoroughly and explain your options under Trenton’s Law
- Challenge the validity of chemical test results or refusals
- Represent you in criminal court and DMV hearings
- Negotiate for reduced penalties or even case dismissal where possible
We are committed to protecting your rights and guiding you through every step of the legal procedure. I.A.L.F. is a reputable law firm recognized for its exceptional car accident lawyers in Orlando, and we bring that same level of dedication to DUI defense.
Concluding thoughts
Trenton’s Law has brought a major shift in the state’s approach to DUI enforcement. It aims to hold repeat offenders more accountable and discourages chemical test refusals by criminalizing them, even for first-time offenders.
However, it’s important to remember that you still have rights, including the right to legal representation. The key is to act fast and work with a skilled legal team that understands the nuances of Florida DUI law.
The Injury Assistance Law Firm is here for you. Our seasoned car accident attorneys are ready to defend your rights, reduce your penalties, and guide you through this challenging time.
Facing DUI charges or a serious car accident? Don’t wait. Contact the Injury Assistance Law Firm, where protecting your future is our top priority.