(Effective October 1, 2025)
Overview
A new Florida law, effective October 1, 2025, makes it a second-degree misdemeanor to refuse a lawful request for a breath or urine test following a DUI arrest. This amendment—commonly referred to as “Trenton’s Law”—represents one of the most significant changes to Florida’s DUI enforcement in recent years.
Background
Before this change, a first refusal to submit to testing under Florida’s Implied Consent Law (§ 316.1932, F.S.) resulted only in an administrative driver’s license suspension (one year for a first refusal; 18 months for a second). Only a second or subsequent refusal could be prosecuted as a crime.
What the New Law Does
Under HB 687 / Ch. 2025-121, the following penalties now apply:
- First Refusal:
- Classified as a second-degree misdemeanor
- Punishable by up to 60 days in jail and a $500 fine
- Second or Subsequent Refusal:
- Remains a first-degree misdemeanor
- Punishable by up to one year in jail and a $1,000 fine
- Administrative Penalties:
- 12-month suspension for a first refusal
- 18-month suspension for subsequent refusals
Law enforcement officers are now required to advise drivers that a refusal may lead to criminal prosecution in addition to administrative penalties.
Legislative Intent
Lawmakers enacted the change to strengthen DUI enforcement and remove what had been viewed as a loophole that allowed drivers to avoid both testing and criminal consequences for a first refusal.
About the DUI Law Group
The DUI Law Group, a division of Cavanaugh & Cavanaugh, P.A., represents clients throughout Southwest Florida in DUI, criminal, and driver’s license matters. Our firm emphasizes a detailed, forensic approach to defending DUI cases, including the review of breath, blood, and toxicology evidence.
For more information or to schedule a consultation:
📞 855-DUI-GRP1 | 🌐 www.DUILawGroup.com
Disclaimer
This publication is for informational purposes only and does not constitute legal advice. Every case is different, and you should consult a qualified attorney about your specific situation.