10/02/2025
DUI
Florida's "Trenton's Law" takes effect October 1, 2025, making a first refusal of a breath or urine test a criminal offense (a second-degree misdemeanor) and escalating penalties for repeat offenders of DUI manslaughter and other impaired driving offenses. Drivers are now informed of the criminal consequences of refusal, which can include a one-year license suspension for a first refusal.
Key Changes in Trenton's Law
Refusal Becomes a Crime: For the first time, a driver's refusal to submit to a lawful breath or urine test after a DUI arrest is a second-degree misdemeanor.
Increased Penalties for Repeat Offenders: The law enhances penalties for second and subsequent DUI manslaughter, vehicular homicide, and boating under the influence (BUI) manslaughter convictions, particularly when the offender has prior related convictions.
Criminal Record for Refusal: A first refusal will result in a criminal record, whereas previously it was typically a civil infraction.
License Suspensions: A first refusal leads to a one-year license suspension, and a second or subsequent refusal leads to an 18-month suspension.
Increased Awareness of Consequences: Courts must now advise arrested individuals of the criminal consequences of refusing a breath or urine test.
Why the Change?
The new law is named after Trenton Wilkerson, who was killed by a drunk driver in 2020. Advocates pushed for the bill to ensure that repeat offenders face more severe consequences, preventing situations where drivers with prior DUI convictions remain on the road.
Other DUI Considerations
Implied Consent: In Florida, drivers do not have the right to consult an attorney before deciding whether to submit to a breath test.
Blood Withdrawal: In cases of serious bodily injury or death, authorized medical personnel can forcibly withdraw blood, even if the driver refuses.