Florida makes refusing DUI breath or urine tests a crime under Trenton's Law

Florida drivers who refuse a lawful breath or urine test after a DUI arrest can now face criminal charges, not just a license suspension. The change under House Bill 687 raises the stakes for first-time refusals and also increases penalties for some DUI manslaughter cases.

Why it matters: - Florida’s new refusal law creates criminal exposure for drivers who decline a lawful DUI test after arrest. - A first refusal now carries jail time and a fine, even if the person has no prior refusal history. - The change means a DUI defense can still leave a separate refusal charge to fight in court.

What happened: - House Bill 687, also known as Trenton's Law, took effect on October 1, 2025. - The law makes a first refusal of a lawful urine or breath test a second-degree misdemeanor. - A second refusal or later is a first-degree misdemeanor. - The Law Firm of Scott T. Moorey, a criminal defense firm in Fort Myers, is warning Southwest Florida drivers about the change. - Scott T. Moorey is advising drivers to submit to testing if the request is legal.

The details: - Before Trenton's Law, a first refusal usually led only to an administrative license suspension. - Under the new law, a first refusal can bring up to 60 days in jail and a $500 fine. - A second refusal or later can bring up to one year in jail. - Moorey said some drivers refuse testing because they do not trust the machine or the arresting officer. - Moorey said the firm has defended refusal cases where officers failed to read the proper instructions before asking for the tests. - The law also changes DUI manslaughter penalties when there is a qualifying prior conviction. - That offense is now a first-degree felony, up from a second-degree felony. - The maximum sentence for that offense is now 30 years in prison, up from 15. - Governor Ron DeSantis signed the bill on June 5, 2025.

Between the lines: - The law tightens pressure on DUI defendants by separating the refusal issue from the underlying impairment case. - Drivers can now face two legal battles from one arrest: the DUI charge and the refusal charge. - The harsher manslaughter penalty signals a broader legislative push to escalate consequences tied to impaired driving.

What's next: - Florida drivers, defense lawyers, and prosecutors will now handle DUI arrests under the new refusal standard. - Cases may increasingly turn on whether officers gave the correct instructions before requesting testing. - Legal defenses to refusal charges are likely to become a bigger part of DUI litigation in Florida.

The bottom line: - In Florida, refusing a lawful DUI test is no longer just a licensing issue. It is now a criminal charge with jail time on the table.