On October 1, 2025, Florida will implement sweeping changes to its DUI (driving under the influence) and BUI (boating under the influence) statutes. Among the most consequential revisions: even a first refusal to submit to a breath or urine test will now be a criminal offense.
These changes, enacted under House Bill 687, commonly referred to as Trenton’s Law, significantly raise the stakes for drivers and boaters in Florida. Below is a breakdown of what the law does, how it changes existing practice, what penalties may apply and what individuals should do if faced with these charges.
What is Trenton’s Law/HB 687?
HB 687, passed during the 2025 legislative session, is aimed at enhancing penalties for DUI/BUI, especially in repeat or fatality cases, and making refusals more heavily penalized.
The law changes both the criminal and administrative consequences for test refusals, and it raises the severity classifications for repeat DUI manslaughter, vehicular homicide and vessel homicide offenses.
It requires that, at the time of arrest, law enforcement must explicitly notify a suspect that refusal to submit to a lawful breath or urine test may now carry criminal penalties (not just license suspension).
Key changes and what they mean
| Issue/Situation | Prior Law | New Law (Effective Oct 1, 2025) |
| First refusal to submit to breath/urine test | Civil/administrative infraction; license suspension | Becomes a second‑degree misdemeanor – possible jail, fines and criminal record |
| Second or subsequent refusal | Already a crime (first‑degree misdemeanor) plus longer suspension | Continues as first‑degree misdemeanor with heightened emphasis under new law |
| Administrative license suspension | First refusal → 1 year; second or more → 18 months | Durations remain the same (12 months for first, 18 months for subsequent) |
| Penalties for first refusal | No criminal charge, though license suspended | Now up to 60 days in jail and fines (2nd‑degree misdemeanor) |
| Repeat DUI manslaughter/vehicular/vessel homicide | Repeat offenses treated as second-degree felonies (max ~15 years) | Now can be first-degree felonies (max ~30 years) |
| Offense severity/sentencing points | Older classification under CPC | Revised upward in CPC, leading to more severe sentencing exposure |
Why these changes matter (and risks)
- Greater risk on a first refusal: now criminal exposure, not just suspension.
- A misdemeanor record can affect employment, licensing, immigration, and reputation.
- Prosecutors may use refusal as evidence of guilt and leverage in plea bargaining.
- Higher overall sentencing exposure means defense strategies are more critical.
- Repeat offenders in fatal crashes now face much harsher penalties.
What to do if you or a loved one is facing a DUI/refusal case
- Immediately contact an experienced DUI/criminal defense attorney who is familiar with the new law.
- Request a formal review hearing within 10 days to contest the administrative suspension.
- Examine whether proper refusal warnings were given; defects may create a defense.
- Investigate probable cause and constitutional rights violations.
- Explore diversion or plea alternatives, but understand higher risks under Trenton’s Law.
- Educate yourself: refusal is no longer just a DMV issue – it’s now a criminal matter.
Takeaway
As of October 1, 2025, Florida’s treatment of DUI test refusals fundamentally changes. A driver who declines a breath or urine test for the first time can now face a criminal charge, not just license suspension. Combine that with stricter penalties for repeat DUI fatality cases, and the legal landscape for DUI defense just became much more high-stakes.
If you or someone you know is arrested for DUI or refusal in Florida, prompt, skilled legal action is more important than ever.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney regarding your specific circumstances. Laws may change; this reflects information as of October 1, 2025.