The question of whether to take a breath test after being stopped for suspected DUI has always been a stressful decision. For years, drivers in Florida weighed the risk of license suspension against the possibility of handing the state powerful evidence in the form of a blood alcohol concentration reading. On October 1, 2025, that balancing act disappears. A sweeping new law, known as Trenton’s Law, reshapes how DUI cases are prosecuted, punishes refusals more severely, and raises the stakes for related charges.
These changes aren’t minor tweaks; they shift the very foundation of DUI defense strategy in Florida. Understanding what’s about to change can make the difference between preparing for what’s ahead and being blindsided when it matters most.
What Is Trenton’s Law and When Does It Take Effect?
Trenton’s Law is a newly passed piece of legislation that takes effect across Florida on October 1, 2025. It is named in memory of a young boy whose life was cut short by a drunk driver, and the law reflects the legislature’s determination to respond with tougher penalties and fewer loopholes for drivers accused of DUI.
The law doesn’t just touch one corner of the DUI landscape, but it changes several critical areas:
- Refusing a breath test is now a crime. What was once a license suspension has become a criminal misdemeanor.
- DUI manslaughter sentences have doubled. Judges now have the authority to impose much harsher punishments.
- Driving on a suspended license gets stricter penalties. If the suspension ties back to a DUI or refusal, the sentencing floor is raised significantly.
By placing these changes under one law, the legislature in Florida will treat DUI-related offenses not only as traffic violations but as serious crimes demanding firm consequences.
Why Refusing a Breath Test Is Now a Crime
Until Trenton’s Law, refusing to take a breath test for the first time was not a criminal matter. A driver faced only a license suspension for twelve months. Some defense attorneys considered this a strategic option—surrender your license for a time rather than provide the state with the key evidence it needs to convict you.
That option is gone. Under the new law, a first refusal is a second-degree misdemeanor. It carries potential jail time of up to sixty days, fines, probation, and the permanent stigma of a criminal record.
This change forces a driver into a difficult position. Either:
- Submit to the test and risk producing damaging evidence that may strengthen a DUI case, or
- Refuse the test and immediately face criminal charges punishable by incarceration.
The legislature’s goal is to eliminate refusal as a defense tactic and funnel more drivers into producing test results. But for individuals pulled over late at night, tired, confused, and nervous, the choice becomes a forced one, with criminal liability waiting on both sides.
Understanding this shift is vital because it reshapes every decision from the moment blue lights flash in the rearview mirror. What once felt like a gamble now comes with guaranteed consequences.
Harsher Penalties for DUI Manslaughter Convictions
DUI manslaughter is widely regarded as a serious and devastating charge in Florida’s criminal justice system. Causing the death of another person while driving under the influence carries heavy emotional, legal, and social consequences. Until now, the maximum penalty for a second conviction of DUI manslaughter was 15 years in prison.
Trenton’s Law doubles that maximum to 30 years.
This change doesn’t simply raise the ceiling, but it signals that repeat offenders will be treated as among the most serious criminals under Florida law. Judges now have far more room to impose sentences that match the gravity of taking another person’s life after a prior conviction.
The broader message is unmistakable. Florida wants to deter repeat drunk driving at all costs. For defendants, this raises the urgency of a strong legal defense the first time around. A conviction today isn’t just about the present; it reshapes what penalties may look like in the future.
It’s also critical to keep in mind that the refusal penalties discussed earlier aren’t just about that one traffic stop. They create a record. And a record changes the landscape if tragedy ever follows.
Stricter Sentences for Driving on a Suspended License
The ripple effect of Trenton’s Law extends beyond DUIs themselves. A suspended license, particularly one tied to DUI or breath refusal, now triggers far harsher minimum penalties if violated.
Here’s how the new sentencing framework looks:
- First offense. at least 30 days in jail.
- Second offense. at least 60 days in jail.
- Third or subsequent offenses. at least 90 days in jail.
Before, these offenses often meant lighter sentences or penalties left largely to judicial discretion. Now, the legislature has carved mandatory time into the statute.
This creates a domino effect. The initial decision to refuse a breath test (now a crime) can lead to a license suspension. That suspension, if ignored, carries its own new set of mandatory jail terms. In other words, the law ties together each stage of the process, refusal, suspension, and driving afterward, so that one decision compounds into multiple levels of punishment.
The stakes are no longer limited to the traffic stop itself. They extend into daily life long after the flashing lights are gone.
How a DUI Defense Attorney Can Protect Your Rights
With Trenton’s Law taking effect on October 1, 2025, every stage of a DUI-related charge in Florida carries heavier consequences than before. From the roadside decision about a breath test, to the courtroom sentencing for DUI manslaughter, to the aftermath of driving on a suspended license, the law now embeds criminal liability where once there were only administrative penalties.
This makes skilled legal representation not just helpful but essential. A DUI defense attorney from Hubbs Law, P.A. can:
- Challenge the stop and arrest. Even with stricter laws, officers must follow constitutional standards. A defense begins with whether the stop was valid in the first place.
- Scrutinize the breath test itself. Machines can malfunction. Procedures can be botched. Submitting to the test may not end the fight.
- Navigate sentencing enhancements. Prior convictions, suspensions, or refusals now carry weight. We can work to minimize how much past events influence present outcomes.
- Negotiate with prosecutors. The law sets ceilings and floors, but plea agreements still exist. Skilled negotiation can protect a defendant from the harshest penalties.
- Provide guidance before October 1. For those facing charges right now, timing matters. The law applies moving forward, not retroactively.
Most importantly, we ensure that individuals aren’t left standing alone against a legal system that just became far less forgiving. Our team is here to understand your options, protect your rights, and prepare for the realities of Trenton’s Law before it reshapes the path ahead.
If you or someone you love is facing a DUI charge in Florida, now is the time to act. Reach out to us at (305) 570-4802 or fill out our online form to get started.