What Florida Drivers Should Know About Trenton’s Law and the New DUI Refusal Penalties

Beginning October 1, 2025, Florida drivers face new and tougher consequences for refusing a breath test during a DUI stop. The change, known as “Trenton’s Law,” has transformed what was once a civil penalty into a criminal offense. For the first time in Florida’s history, refusing a breath test on a first DUI can now result in a second-degree misdemeanor, punishable by jail time or probation. Understanding what this means and how it can affect you or someone you know is crucial for anyone driving on Florida’s roads.

What Is Trenton’s Law?

Trenton’s Law is a major reform to Florida’s DUI statute that took effect on October 1, 2025. The law is named in memory of Trenton Stewart, an 18-year-old from Jacksonville who was tragically killed in a wrong-way crash in May 2023. According to reports, Trenton was driving home on Old St. Augustine Road when his vehicle was struck head-on by a driver traveling the wrong way at over 100 mph. He was just two miles from home, visiting his family for Mother’s Day weekend. The driver, who had a prior vehicular homicide conviction, was later sentenced to 12 years in prison and permanently lost his license.

Trenton’s death and the heartbreak experienced by his family moved lawmakers to take action against impaired and reckless driving. His mother, Mandi Stewart, shared her son’s story publicly and advocated for stronger DUI penalties in Florida, leading to the creation of the law that now bears his name. Trenton’s Law is designed to hold drivers more accountable, particularly those who refuse to submit to chemical testing during DUI investigations.

Before this legislation, a first-time refusal of a breath, blood, or urine test resulted only in a one-year driver’s license suspension, a civil administrative penalty with no criminal record. Now, under Trenton’s Law, a first-time refusal is a criminal offense. Drivers who refuse a breath test for the first time can be charged with a second-degree misdemeanor, punishable by up to 60 days in county jail or up to six months of probation. Repeat offenders, those who refuse a second or subsequent time, will continue to face a first-degree misdemeanor, just as they did under prior law.

How the Law Changes DUI Refusals in Florida

The biggest change introduced by Trenton’s Law is that refusal is now a crime, not just an administrative violation. Before October 2025, many drivers chose to refuse testing because they preferred losing their license over providing potentially incriminating evidence. With this new legislation, however, that calculation changes completely, and refusing a test could now result in an arrest, prosecution, and a permanent criminal record.

Prosecutors will likely take these new cases seriously, especially in counties like Palm Beach, Broward, and Miami-Dade, where DUI enforcement is strict. A conviction for refusing a breath test could lead to jail time, probation, community service, fines, and the stigma of having a misdemeanor on your record. Even worse, it could complicate your ability to defend against the underlying DUI charge, since the refusal may be seen as an admission of guilt by prosecutors or judges.

These consequences make it more important than ever to have an experienced DUI defense attorney who understands the nuances of Florida’s new laws and can challenge the evidence or procedures used in your case.

Why the Change Was Made

Supporters of Trenton’s Law argued that the previous system allowed too many impaired drivers to avoid accountability. By refusing a breath test, a driver could often weaken the state’s evidence in a DUI case while only facing a license suspension. The new law attempts to close that loophole by creating criminal liability for refusal itself. Lawmakers believe that this change will deter drivers from refusing tests and help law enforcement better enforce DUI laws across the state.

However, critics of the law warn that it could unfairly penalize individuals who refuse testing for legitimate reasons, such as fear, confusion, or lack of understanding of their rights. Many people pulled over for DUI are scared and unsure how to respond to police demands. Some may mistakenly believe they have the right to refuse without criminal consequences, something that was true before October 2025 but is no longer the case under Trenton’s Law.

Ultimately, this shift underscores the importance of knowing your rights and seeking immediate legal counsel if you are accused of DUI or refusal in Florida.

What to Do If You Are Accused of Refusing a Breath Test

If you are stopped on suspicion of DUI and accused of refusing a breath test, the first thing to remember is that your actions and words during the stop can significantly affect your case. Stay calm, be polite, and avoid arguing with law enforcement. Once you are released or given the opportunity to make a phone call, contact an attorney immediately. A skilled defense lawyer can review the details of your stop, determine whether law enforcement followed proper procedures, and help protect your rights.

In some cases, it may be possible to challenge the refusal charge itself, for example, if the officer failed to properly explain the consequences of refusal, or if there were medical or language barriers that made it unclear whether you truly refused. An attorney can also help you navigate the administrative and criminal aspects of your case, including potential license suspension hearings and court appearances.

Every DUI case is unique, and the new penalties make it even more important to have strong legal representation from the beginning. Salnick Law has decades of experience defending clients throughout Palm Beach County and across Florida against DUI and refusal charges. Our team understands how to investigate these cases and build a defense strategy tailored to your situation.

Salnick Law Is Here to Protect Your Rights Under Florida’s New DUI Laws

Trenton’s Law represents a major shift in how Florida handles DUI refusals, and it’s likely only the beginning of a broader effort to toughen DUI enforcement statewide. Whether you are facing a first-time DUI, a refusal charge, or a repeat offense, the stakes are higher than ever. A conviction can have long-term consequences, including a criminal record, higher insurance premiums, loss of driving privileges, and damage to your personal and professional reputation.

Having the right defense attorney can make all the difference. At Salnick Law, we take a hands-on approach to every case we handle. We review every detail from the legality of the stop and the accuracy of the officer’s report to whether your rights were fully explained before any alleged refusal. Our goal is to minimize the impact of these charges on your life and pursue the best possible outcome in court.

If you have been charged under Trenton’s Law or are facing a DUI refusal allegation, don’t wait to get the help you need; contact us today to discuss your case confidentially. We are available 24/7 to protect your rights, your record, and your future.

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