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What Is Trenton’s Law?
New DUI Refusal Law in Florida Starting October 1, 2025
Trenton’s Law is a new Florida law that changes how DUI refusals are treated. Starting October 1, 2025, it will be a crime to refuse a breath, blood, or urine test during a DUI stop—even if it’s your first time being pulled over for DUI.
The law is named after Trenton Stewart, an 18-year-old who was killed by a repeat drunk driver in Miami-Dade County. The driver had multiple prior DUI charges but was still on the road.
What Happens If You Refuse a DUI Test?
Before this law, refusing a chemical test on your first DUI stop only led to a driver’s license suspension. That was part of Florida’s implied consent law. But under Trenton’s Law, a first refusal will now be a criminal offense.
Penalties for DUI Refusal (Effective October 1, 2025):
- Charged as a second-degree misdemeanor
- Up to 60 days in jail
- Up to a $500 fine
- Mandatory license suspension for one year
What Is Implied Consent in Florida?
Implied consent means that by driving in Florida, you agree to take a test if a police officer suspects you are driving under the influence of alcohol or drugs. These tests may include:
- Breathalyzer
- Urine test
- Blood test
With Trenton’s Law, refusing these tests is no longer just a license issue—it can lead to a criminal charge even if you’ve never had a DUI before.
What If You Already Have a DUI on Your Record?
Trenton’s Law also increases penalties for people who have prior DUI convictions and then cause a deadly crash while driving under the influence.
New Felony Charges:
- Repeat DUI manslaughter now becomes a first-degree felony
- This means up to 30 years in prison
Before this law, the same crime was usually a second-degree felony with a 15-year maximum sentence.
What Should You Do If You’re Pulled Over?
If you’re pulled over for DUI in Florida after October 1, 2025, here’s what you need to know:
- Refusing a test is a crime even if it’s your first offense
- You may still face license suspension and criminal charges
- Ask to speak with an attorney immediately
- Remain calm and cooperate respectfully with the officer
Final Thoughts: DUI Refusal Now Carries Criminal Consequences
Trenton’s Law changes the game for DUI refusal in Florida. Starting October 1, 2025, saying “no” to a DUI test can land you in jail, even if you’ve never been in trouble before.
If you or someone you love is facing DUI refusal charges, it’s important to speak to a qualified DUI defense attorney right away. A criminal record can have serious, lifelong consequences.
Summary of Key Points:
- DUI refusal is now a crime in Florida
- Law goes into effect October 1, 2025
- Up to 60 days in jail and $500 in fines for first refusal
- Repeat DUI offenders who cause a death now face up to 30 years in prison
Need Legal Help? If you’ve been charged with DUI or refused a chemical test, don’t face it alone. Contact our experienced Florida DUI defense team today for a free consultation.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
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- DUI Charges Reduced
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