Understanding Trenton’s Law in Florida DUI and BUI Cases

June 10, 2026

Trenton’s Law is a Florida law that took effect on October 1, 2025. The law creates criminal penalties for a first-time refusal to submit to a lawful breath or urine test after a DUI arrest and increases penalties for repeat DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide convictions. For Florida drivers and boaters, the law significantly raises the stakes in impaired driving and boating cases.

What Is Trenton’s Law?

Trenton’s Law is one of the most significant changes to Florida DUI and BUI laws in decades. The legislation strengthens penalties for impaired drivers and boaters, and expands the consequences for refusing chemical testing after an arrest.

The law is formally known as House Bill 687. Florida lawmakers passed the legislation in response to concerns about repeat impaired-driving offenders and fatal crashes involving alcohol or drugs. The law received unanimous support in the Florida Legislature and became effective on October 1, 2025.

For anyone facing DUI or BUI charges in Florida, understanding Trenton’s Law is critical. Decisions that once carried only administrative consequences may now result in additional criminal charges.

Key Takeaways

• A first refusal to submit to a lawful breath or urine test after a DUI arrest is now a criminal offense.
• Repeat DUI manslaughter and related homicide offenses now carry substantially harsher penalties.
• The law applies to both driving and boating offenses.
• Brevard County residents can face serious criminal, financial, and licensing consequences under the law.

Why Was Trenton’s Law Created?

Trenton’s Law was named in memory of Trenton Stewart, a young Florida resident who lost his life in a crash involving a repeat impaired driver. The tragedy sparked calls for stronger penalties against repeat offenders and individuals who evade accountability through chemical-test refusals.

Lawmakers argued that existing penalties did not adequately address repeat fatal offenses. They also believed Florida’s implied consent laws lacked meaningful consequences for first-time refusals.

The result was a comprehensive overhaul of several DUI and BUI statutes.

The Biggest Change: Refusing a DUI Test Is Now a Crime

For many years, Florida treated a first refusal differently from a DUI conviction. A driver who refused a lawful breath or urine test after arrest typically faced a driver’s license suspension. However, the refusal itself generally did not create a separate criminal charge. Trenton’s Law changed that.

Today, a first refusal to submit to a lawful breath or urine test after a DUI arrest can result in a second-degree misdemeanor charge. A second or subsequent refusal remains a first-degree misdemeanor.

A first refusal may now result in up to 60 days in jail, a fine of up to $500, a separate criminal charge, and driver’s license suspension.

A repeat refusal may result in up to 1 year in jail, a fine of up to $1,000, additional criminal consequences, and extended driver’s license suspensions.

These penalties exist independently of the underlying DUI charge. A person can face both a DUI case and a refusal charge arising from the same arrest.

Understanding Florida’s Implied Consent Law

Many Florida drivers do not realize they already agreed to chemical testing when they accepted a driver’s license.

Florida’s implied consent law provides that licensed drivers consent to lawful breath, blood, or urine testing under specific circumstances.

Before Trenton’s Law, refusing a lawful test often led to administrative penalties. The new law adds criminal exposure. This distinction matters because prosecutors now have another charge available during DUI proceedings. Officers must also advise drivers of the criminal consequences associated with refusal.

How Trenton’s Law Affects DUI Cases in Brevard County

DUI enforcement remains active throughout Brevard County. Local agencies routinely investigate impaired driving allegations on major roadways, including:

• Interstate 95
• U.S. Highway 1
• State Road 520
• State Road 528
• State Road A1A

During these investigations, officers often rely on traffic observations, field sobriety tests, breath-test results, chemical testing, officer testimony, and video evidence to build a case. Under Trenton’s Law, a driver’s decision to refuse a lawful breath or urine test can now create an additional criminal charge beyond the underlying DUI allegation.

As a result, a DUI arrest in Brevard County may involve multiple legal issues, including both the DUI charge itself and a separate refusal offense. This added layer of criminal exposure makes understanding your rights and the potential consequences more important than ever.

Boaters Need to Understand Trenton’s Law Too

Many people associate impaired-driving laws with automobiles. Trenton’s Law reaches much further. The law also impacts boating offenses throughout Florida’s waterways. This is especially important in areas surrounding the Indian River Lagoon, Banana River, Port Canaveral, and other popular boating destinations in Brevard County.

Law enforcement agencies frequently conduct BUI enforcement operations during holiday weekends, fishing tournaments, the Summer boating season, and special marine patrol initiatives

A BUI arrest can trigger many of the same legal concerns found in DUI cases.

Enhanced Penalties for Repeat Fatal Offenses

The second major component of Trenton’s Law focuses on repeat offenders involved in fatal crashes and boating accidents. The law increases penalties for individuals previously convicted of DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.

Previously, many of these offenses were punishable as second-degree felonies. Trenton’s Law elevates qualifying repeat offenses to first-degree felonies.

What Does a First-Degree Felony Mean?

A first-degree felony carries substantially greater consequences than a second-degree felony. Potential penalties can include up to 30 years in prison, significant fines, extended probation, long-term loss of civil rights, and lasting collateral consequences.

The increased sentencing exposure creates far greater risks for individuals with prior convictions involving impaired driving or homicide offenses.

DUI Manslaughter vs. Vehicular Homicide

Many people confuse these offenses. The charges involve different legal elements.DUI manslaughter generally involves a death caused by a driver operating a vehicle while impaired. The prosecution must prove specific statutory elements. 

Vehicular homicide generally involves causing a death through reckless vehicle operation. Alcohol impairment may or may not be involved, depending on the circumstances.

Trenton’s Law treats prior convictions in these categories as qualifying offenses for enhanced sentencing.

BUI Manslaughter and Vessel Homicide

Florida’s waterways experience heavy recreational traffic year-round. Boating accidents can lead to severe criminal charges when impairment is involved. BUI manslaughter and vessel homicide cases often involve alcohol impairment, drug impairment, fatal boating collisions, personal watercraft accidents, and investigations by marine patrol units.

Under Trenton’s Law, prior convictions for these offenses may significantly increase future penalties.

How Prosecutors May Use Refusal Evidence

A refusal charge creates additional leverage during a criminal case. Prosecutors may argue that a refusal demonstrates consciousness of guilt. Defense attorneys often challenge those arguments based on the specific facts of the case. Every arrest presents unique circumstances.

Important factors may include:

• Whether the stop was lawful
• Whether probable cause existed
• Whether proper warnings were given
• Whether testing procedures complied with Florida law
• Whether constitutional issues are present

Because refusal now carries criminal consequences, these issues have become even more significant.

What Happens After a DUI Arrest in Florida?

The process following a DUI arrest often moves quickly and involves both administrative and criminal proceedings. In many cases, driver’s license consequences begin almost immediately. Administrative penalties, such as license suspensions, operate separately from the criminal case and may require prompt action to protect driving privileges.

At the same time, prosecutors review the evidence and determine what charges to file. Depending on the circumstances, a person may face a DUI charge, a refusal charge under Trenton’s Law, property damage allegations, injury-related offenses, or other criminal violations connected to the incident.

As the case progresses, defendants typically move through several stages of the court process. These stages may include an arraignment, status conferences, motion hearings, a trial, and, if necessary, sentencing proceedings. Each phase presents opportunities and challenges that can significantly affect the case’s outcome. Understanding the process and responding promptly at every stage can be critical to protecting your rights and future.

Potential Defenses in DUI and BUI Cases

Trenton’s Law increases penalties, but it does not eliminate legal defenses. Potential defenses may involve:

Unlawful Traffic Stops

Law enforcement generally needs a lawful basis to stop a vehicle.

Improper Arrest Procedures

An arrest lacking probable cause may face legal challenges.

Faulty Chemical Testing

Testing equipment requires proper maintenance and operation.

Medical Conditions

Certain health issues can affect testing results.

Constitutional Violations

Violations of constitutional rights can impact the admissibility of evidence.

The facts of every case differ. A thorough investigation remains essential.

Common Mistakes People Make After an Arrest

Many defendants unintentionally make decisions that can complicate their cases. One of the most common mistakes is posting details about the arrest on social media or discussing the case publicly with friends, family members, or coworkers. Statements made outside of court can sometimes become evidence and may later be used against a defendant.

Other individuals miss important court appearances or fail to meet deadlines related to driver’s license suspensions and administrative hearings. Some assume the charge will eventually disappear on its own, so they delay taking action. Others wait too long to gather evidence, locate witnesses, or preserve information that could support their defense.

Acting quickly after an arrest often creates more opportunities to challenge the state’s evidence and protect important legal rights. The sooner a case is evaluated, the greater the likelihood that potential issues and defenses can be identified.

Frequently Asked Questions About Trenton’s Law

When did Trenton’s Law take effect in Florida?

The law became effective on October 1, 2025.

Is a first refusal now a crime?

Yes. A first refusal to submit to a lawful breath or urine test after a DUI arrest can result in a second-degree misdemeanor charge.

Does Trenton’s Law apply to boating offenses?

Yes. The law affects both DUI and BUI-related offenses.

Can I still lose my license after a refusal?

Yes. Administrative license consequences may still apply in addition to criminal penalties.

Does Trenton’s Law increase prison sentences?

Yes. Repeat DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide offenses may now be prosecuted as first-degree felonies in qualifying situations.

Does Trenton’s Law apply throughout Florida?

Yes. The law applies statewide, including Brevard County.

Getting Help

If you are facing DUI or BUI charges in Brevard County or anywhere in Florida, understanding your legal options is critical. The attorneys at Mario Gunde Peters & Kelley have extensive experience defending clients accused of impaired driving and boating offenses. Our legal team can evaluate the facts of your case, identify potential defenses, challenge questionable evidence, and guide you through every stage of the legal process. Whether you are dealing with a first-time DUI, a refusal charge under Trenton’s Law, or a more serious felony allegation, contact us for experienced legal representation that can make a meaningful difference in protecting your rights, your driving privileges, and your future.