TRENTON’S LAW – WHAT YOU NEED TO KNOW EFFECTIVE 10/1/25
Florida’s Trenton’s Law (HB 687 / CS/SB 138) imposes substantially tougher penalties for DUI/BUI-related deaths and for refusing chemical testing — criminalizing some refusals that were civil infractions and increasing felony exposure for repeat offenders.
Quick summary of Trenton’s Law:
Trenton’s Law (Chapter No. 2025-121; House Bill 687 / Senate Bill 138) raises criminal penalties related to driving- and boating-under-the-influence cases. The law:
(1) increases penalties for repeat offenders convicted of DUI/BUI manslaughter, vehicular homicide, and vessel homicide;
(2) reclassifies first refusals to submit to lawful breath/urine testing in many situations as criminal misdemeanors; and
(3) authorizes diversion programs while tightening sentencing options for fatality cases.
Effective date: October 1, 2025.
Key changes as a result of Trenton’s Law:
First refusal to submit to breath or urine testing can be charged criminally.
Where previously a first refusal was often only a civil infraction (or treated administratively), Trenton’s Law makes a first refusal a second-degree misdemeanor in many cases (with a first-degree misdemeanor for certain subsequent or aggravated refusals).
Increased felony exposure for repeat offenders in fatal cases.
If a person has a prior qualifying conviction (DUI manslaughter, BUI manslaughter, vehicular or vessel homicide), subsequent violations can be prosecuted as second-degree felonies (or greater), increasing prison exposure and reducing plea flexibility.
Alignment of penalties across similar fatality offenses.
The law narrows a previously observed gap where DUI manslaughter carried harsher licensing/sentencing consequences than some vehicular homicide convictions — now penalties (including lifetime license consequences in certain cases) are more uniform.
State attorneys may establish diversion programs.
The bill explicitly authorizes diversion options (for eligible defendants) while still creating stiffer criminal sanctions for the most dangerous repeats and refusals.
Who Trenton’s Law affects:
- Drivers/boaters in Florida — anyone who drives or operates a vessel while impaired or who refuses chemical tests.
- People with prior DUI/BUI or homicide convictions — the law raises the stakes for repeat offenders.
- Accident victims & families — provides a legislative pathway for harsher punishment and, proponents argue, greater public safety.
Practical implications of Trenton’s Law:
Refusing a breath/urine test is riskier than before.
A client/constituent who refuses testing now faces possible criminal charges (misdemeanor) even on a first refusal — making pre-arrest test refusals a far more consequential choice. Many defense attorneys previously advised refusing in certain contexts; that calculus changes.
Repeat offenders face dramatically higher penalties.
For defendants with qualifying prior convictions, repeat incidents that cause death will carry far higher felony exposure and could mean longer prison sentences and more severe collateral consequences (license suspension, enhanced sentencing).
Law enforcement and prosecution strategies will change.
Officers may place greater emphasis on securing chemical tests, documenting refusals thoroughly, and prosecutors may be more inclined to seek enhanced charges for defendants with priors.
Legal rights & defense considerations as a result of Trenton’s Law:
Fourth Amendment & probable cause issues remain relevant.
Trenton’s Law changes penalties but does not eliminate constitutional protections. Challenges based on stop legality, probable cause for arrest, Miranda, search/seizure, and test administration remain critical defenses in many cases.
Refusal advisals and Miranda-adjacent warnings matter more.
How and when an officer tells a suspected impaired driver about consequences for refusal — and how they collect or attempt to collect samples — will be heavily scrutinized in future cases. Defense counsel should focus on whether statutory advisals were properly given and whether the refusal classification fits the statute’s elements.
Diversion programs may be an alternate path for eligible clients.
The statute authorizes state attorneys to create such programs; successful navigation of diversion can avoid harsher sentencing while addressing substance misuse issues.
Criminal penalties and what to expect as a result of Trenton’s Law:
First refusal to submit to a lawful breath/urine test: second-degree misdemeanor (possible jail, fines, and criminal record).
Second refusal / aggravated refusals: can be escalated to a first-degree misdemeanor under certain statutory circumstances.
Repeat offenders (with prior DUI manslaughter/BUI manslaughter/vehicular or vessel homicide): subsequent violations may be prosecuted as second-degree felonies (and sentencing exposure increases).
(Note: exact sentencing ranges, minimums, and license consequences vary by offense and prior record — see the bill text and current statute sections for precise language.)
Consequences, intended benefits and policy rationale:
Proponents’ view: The law closes perceived loopholes that allowed dangerous repeat offenders to avoid severe criminal consequences, and it aims to deter impaired driving and save lives — especially after high-profile fatal crashes that motivated the bill’s naming and support.
Potential concerns / criticisms: Defense groups and some defense attorneys warn the law may criminalize everyday choices in ways that could result in plea pressure, over-charging, or unintended consequences where tests are refused for legal or medical reasons. Constitutional and proportionality challenges may be raised in court.
If stopped for suspected DUI:
Be aware: refusing a chemical test now carries real criminal risk. Know your county’s practice and consult counsel promptly.
Preserve all evidence and challenge procedure: if a test is administered, ensure chain of custody, proper advisals, and testing protocol were followed. Any deviation may be defensible.
If you have prior DUI/BUI convictions: be aware that future incidents can bring significantly larger criminal exposure. Consider proactive legal counsel and substance-use remediation programs.
Explore diversion options where available: these can limit exposure and provide treatment options, and the law expressly authorizes them.
This newsletter summarizes Trenton’s Law and initial reporting and is intended for informational purposes only. It is not legal advice for any individual case. For case-specific counsel, consult with one of our Tampa Lawyers today.
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