Florida just passed Trenton’s Law (HB 687), and it changes the rules for DUI stops in a big way. The law centers on two main changes every Florida driver should be aware of.
Refusing a Breathalyzer = Criminal Charge
Before: If you refused the breath test, you faced an automatic driver’s license suspension. That was it.
Now: A first refusal is a crime.
- It’s a second-degree misdemeanor
- Punishable by up to 60 days in jail
- And up to a $500 fine
This means saying “no” to the breathalyzer no longer just costs your license; it can land you in jail with a criminal record. This is especially significant as it is now criminal to simply refuse to comply with police demands.
Harsher Penalties for Repeat DUI Manslaughter
Before: DUI manslaughter was a second-degree felony with up to 15 years in prison.
Now: If you already have a conviction for DUI manslaughter, vehicular homicide, or BUI manslaughter, a new charge becomes a first-degree felony.
- That means up to 30 years in prison
What This Means for Drivers
- Refusing the test is a more complicated choice as it punishes even innocent people who were told to refuse.
- A single bad decision can now leave you with both a DUI and a criminal refusal charge.
- If you have any prior serious driving convictions, the risk is even greater under this law.
Why This Matters
As a personal injury attorney here in Panama City Beach, I see firsthand the impact of DUI crashes on victims and families. Laws like Trenton’s are designed to crack down hard on drunk and impaired driving.
But they also create new risks for drivers who may not realize how much the rules have changed. If you’re facing a DUI or refusal charge anywhere in Florida, get experienced criminal defense help early, and see the basics of DUI defense in Bay County for what happens after an arrest. Contact us for a free consultation.
Key takeaways
- A first breath-test refusal in Florida is now a second-degree misdemeanor: up to 60 days in jail and a $500 fine.
- Refusal is no longer just a license issue; it can leave you with both a DUI and a criminal refusal charge.
- Repeat DUI manslaughter is now a first-degree felony with up to 30 years in prison.
- The refusal decision at a stop is far more complicated than it used to be; legal advice matters more, not less.