A Major Shift in Florida DUI Law
Starting October 1, 2025, Florida drivers face a major legal change under what’s being called “Trenton’s Law.” For the first time, a refusal to take a breath or urine test during a DUI investigation can now lead to criminal charges — even for first-time offenders.
Until now, refusing a breath or urine test after a DUI arrest, only meant losing your driver’s license for 1 year through the DMV. But under the new law, saying “no” to testing can result in a misdemeanor criminal record, possible jail time, and fines on top of administrative suspension.
Before the Change: What was the old law?
Under Florida’s implied consent law (§ 316.1932), anyone who drives in the state automatically consents to lawful breath, urine, or blood testing if arrested for DUI.
Before October 2025:
- First-time refusals after a DUI arrest were treated as administrative matters only — a one-year license suspension.
- Second or later refusals were criminally prosecuted under § 316.1939, as a first-degree misdemeanor.
In other words, your first refusal wasn’t a crime — but it could make your license suspension longer and could be used against you later in court.
What Changed on October 1, 2025: “Trenton’s Law”
The Florida Legislature expanded § 316.1939 to include first-time refusals, creating a new criminal offense.
Here’s what the new law says:
- A driver who refuses to submit to a lawful breath or urine test, after being properly advised of the consequences, commits a second-degree misdemeanor.
- If the driver has prior DUI-related suspensions or a past refusal, the charge can increase to a first-degree misdemeanor.
- Penalties may include:
- Up to 60 days in jail (for a second-degree misdemeanor)
- Up to 1 year in jail (for a first-degree misdemeanor)
- Fines, probation, and community service
- License suspension still applies through the DMV: 1 year for a first refusal, 18 months for a second or later.
The statute also clarifies that refusal evidence can be used in court to show “consciousness of guilt.”
We are already seeing these cases:
A recent DUI arrest in St. Johns county for a client with no criminal history include a criminal refusal.
Same in Duval – we are seeing the refusals being added as additional charges.
How the New Law Affects DUI Defenses
For Florida defense attorneys, this law changes DUI defense strategy.
- Two Charges, One Arrest
A driver can now face both DUI and refusal charges, doubling the exposure in a single incident. - New Evidentiary Issues
The officer must prove the test request was lawful, that the driver was properly informed, and that the refusal was knowing and voluntary.
If any of those steps were missed, the refusal charge may not hold up. - Negotiation Leverage Changes
In the past, prosecutors had less evidence if there was no test result. Now they can use the refusal itself as a criminal charge, giving them new bargaining power.
Practical Consequences for Florida Drivers
If you’re pulled over and suspected of DUI after October 1, 2025, the stakes are higher than ever.
- A refusal is no longer just an administrative problem — it’s a criminal act.
- You could lose your license and face a misdemeanor conviction.
Even a second-degree misdemeanor can have lasting consequences — background checks, insurance premiums, and professional licensing implications.
What to Do If You’re Charged Under the New Law
If you’ve been arrested for DUI and refused testing, you should immediately contact a Florida criminal defense attorney experienced in DUI and DMV hearings.
An attorney can:
- Challenge whether the stop and arrest were lawful,
- Examine the implied consent warning the officer read,
- Request a formal DMV hearing to fight your suspension, and
- Build a defense strategy that protects both your license and your record.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different. For specific guidance, contact a licensed attorney.