Thomas C. Grajek | September 29, 2025 | DUI
Starting October 1, 2025, Florida drivers face new and tougher consequences for refusing a DUI test. This is because of Trenton’s Law (HB 687). This law is named for seven-year-old Trenton Wilkerson, whose tragic death in 2020 prompted lawmakers to make certain rules tougher for people who were accused of impaired driving.
Specifically, it turned refusing a chemical test from a civil penalty to a criminal offense. The motivation behind this move was to prevent repeat DUI offenders from avoiding punishment by refusing to take a breathalyzer.
By turning test refusal itself into a criminal offense, Florida hopes to prevent this from happening. If you live in or drive through Florida, understanding this new law is essential.
Penalties for Refusing a DUI Test Under Trenton’s Law
If you refuse a DUI breath, blood, or urine test in Florida for the first time after October 1, it’s a crime, not just a traffic infraction. A first refusal will be charged as a second-degree misdemeanor. You could face up to 60 days in jail, a $500 fine, and lose your license for one year. Even if you’re not convicted of DUI, you’ll walk away with a criminal record.
If you refuse a test for a second time, the consequences are even more serious. A repeat refusal is a first-degree misdemeanor. This carries a potential jail sentence of up to one year, a maximum $1,000 fine, and you risk losing your license for 18 months.
Harsher Penalties for Repeat DUI or BUI Manslaughter, Vehicular Homicide, or Vessel Homicide
Trenton’s Law also brings much tougher consequences for anyone convicted more than once of DUI manslaughter, boating under the influence (BUI) manslaughter, or killing someone while driving or operating a boat recklessly.
If you are convicted for a second or subsequent time for DUI or BUI manslaughter, or vehicular or vessel homicide, your case will now be charged as a first-degree felony. This means you could face up to 30 years in prison.
How To Defend Yourself if You’re Accused of Refusing a Chemical Test
Being accused of refusing a chemical test at a DUI stop in Florida is stressful and can now come with serious consequences. However, there are ways to fight allegations of a refusal.
Here are some possibilities:
- Flawed implied-consent warning: Police are legally required to properly read and explain what happens if you refuse a chemical test. If they gave you misleading information about penalties or otherwise didn’t explain the situation properly, your lawyer can challenge whether you really understood your choice. In some cases, the court may rule that the refusal should be excluded from evidence if the warning wasn’t accurate.
- No real or intentional refusal: Sometimes, a person tries to give a breath sample but can’t. This could be due to a mechanical error flagged as “volume not met,” not your failure. Other times, the officer just labels your behavior as uncooperative without a clear refusal, or maybe you were physically unable to provide a sample for some reason. None of these should legally qualify as refusing the breath test.
- Lack of proof that you drove: If the police arrive after an accident and no one saw you driving the vehicle, the prosecutor may lack evidence linking you to being behind the wheel at the actual time of the incident. Your attorney can push for charges to be dropped, arguing there’s just not enough solid proof you were even the driver.
- Recanting the refusal: Quickly changing your mind and clearly asking to take the test – known as recanting – may undo the effects of the original refusal in certain circumstances. In this case, your lawyer might be able to get the court to ignore the original refusal. However, the protection applies only if you’re decisive and immediate.
Fighting a refusal charge can be complicated, but with a lawyer, it’s possible.
Contact a Criminal Defense Attorney for Help
Trenton’s Law represents a major shift in how Florida handles DUI test refusals, making the consequences far more serious than before. What used to be a civil penalty can now leave you with a criminal record, jail time, heavy fines, and a lengthy license suspension.
Having a defense attorney review the situation is the best way to mitigate the possible consequences you’re facing. Contact Thomas C. Grajek, Attorney At Law, today to schedule a confidential case evaluation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606