Estimated Reading Time: 7 minutes
- Why the Law Was Passed
- What the Law Actually Does
- What Changed at the Roadside
- The Strict Liability Problem
- What to Do If You Are Facing a DUI Refusal Charge
For years, refusing a breath test during a DUI stop in Florida was a calculated risk. You would lose your license for a year, and prosecutors could use the refusal against you at trial, but it was not a crime. That changed on October 1, 2025.
House Bill 687, commonly known as Trenton's Law, makes it a second-degree misdemeanor to refuse a lawful request for a breath or urine test following a DUI arrest. For drivers in St. Petersburg and across Pinellas County, this is not a minor procedural update. It is a fundamental change in how DUI stops work and what is at stake the moment an officer asks you to blow.
Why the Law Was Passed
Trenton's Law was introduced by State Representative Kim Kendall in honor of Trenton Stewart, an 18-year-old from St. Johns County who was struck and killed by a wrong-way driver. Due to Florida's vehicular homicide laws at the time, the driver found guilty could only receive a 15-year maximum sentence, despite having previously served 10 years in prison for a prior vehicular homicide conviction.
Legislators and victim advocates pushed the reform to close what was viewed as a dangerous loophole in which test refusals, even for first-offense DUIs, carried no criminal consequences, and repeat deadly offenders avoided the maximum penalties
The result is a law with two distinct components: it criminalizes first-time refusals, and it dramatically increases penalties for repeat DUI manslaughter offenders.
What the Law Actually Does
Before October 1, 2025, first-time refusals after a DUI arrest were treated as administrative matters only, resulting in a one-year license suspension. Only a second or later refusal could be prosecuted as a criminal offense.
Under Trenton's Law, a first refusal is now a second-degree misdemeanor, carrying up to 60 days in jail, up to 6 months of probation, and fines up to $500. A second or subsequent refusal is a first-degree misdemeanor, punishable by up to 12 months in jail and fines up to $1,000.
The administrative license suspension still applies on top of the criminal charge. Drivers who refuse for the first time now face a one-year hard suspension before becoming eligible for a hardship license, in addition to the criminal case.
Furthermore, even if your DUI is beaten at trial, the refusal charge can still stick. These are two separate proceedings. A successful DUI defense does not automatically resolve the refusal charge.
What Changed at the Roadside
The law also changed what officers are required to say at the moment of arrest.
Law enforcement officers are now required to advise drivers that refusing the test is a criminal offense, not merely an administrative one. If an officer fails to deliver this updated implied consent warning accurately and completely, that failure can support a motion to suppress the refusal charge.
If you were stopped after October 1, 2025, refused a breath or urine test, and the officer did not properly inform you that refusal was now a criminal offense, that procedural failure may be a viable defense. It is one of the first things an experienced DUI attorney should examine.
The Strict Liability Problem
One of the most significant practical consequences of Trenton's Law is how it limits defense options. Under the old framework, a first-time refusal produced no criminal charge, so there was nothing to defend against on that count. Now there is, and the charge is structured as strict liability.
The State does not need to prove you intended to obstruct justice or that you knew about the new law. It needs to prove you were lawfully arrested for DUI and declined to submit to testing, which shifts the weight of the defense toward challenging the underlying stop, the arrest itself, or the adequacy of the implied consent warning.
If the initial traffic stop was unlawful, everything that follows, including the refusal itself, may be subject to suppression. If a judge determines the stop lacked legal basis, the prosecution's case can collapse.
What to Do If You Are Facing a DUI Refusal Charge
If you were arrested for DUI and refused a breath or urine test after October 1, 2025, there are several things you need to do immediately.
- First, request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles within 10 days of your arrest to contest the administrative license suspension. Missing that window waives your right to contest the suspension.
- Second, do not speak with law enforcement or prosecutors without an attorney present. The refusal charge and the DUI charge are both live criminal matters.
- Third, preserve everything you can. Body camera and dashcam footage can be critical in evaluating whether the stop was lawful and whether the implied consent warning was delivered correctly.
- Fourth, contact a criminal defense attorney with DUI experience before you make any decisions about how to handle the charges. The strategic considerations under Trenton's Law are different from what they were before October 2025, and the decision-making that applied to prior DUI cases may not apply to yours.
How Joseph Montrone, Jr. Can Help
Attorney Joseph Montrone has spent over 30 years defending clients in St. Petersburg and across Pinellas County, including 6 years as a prosecutor in this same court system. He knows how these cases are built and where they are vulnerable.
Trenton's Law changed the stakes, but it did not eliminate the defenses available to people charged under it. The lawfulness of the traffic stop, the adequacy of the implied consent warning, the handling of the arrest, and the evidence behind the underlying DUI charge all remain subject to challenge. What the law did do is make it more important than ever to have a defense attorney involved from the moment of arrest.
If you are facing DUI charges, a refusal charge, or both, contact Joseph Montrone, Jr. at (727) 617-6095 or reach out online for a free consultation.