As of October 1st, 2025, Florida will implement significant changes to DUI sentencing with the introduction of House Bill 687, commonly known as “Trenton’s Law.” This legislation imposes stricter DUI and BUI penalties if there is an accident that results in the death of an individual and creates a criminal penalty for those who refuse a breath or urine test.
What should I know about Trenton’s Law?
Trenton’s Law, named in memory of a young victim of a DUI-related accident, seeks to deter impaired driving by increasing the severity of penalties. The law introduces several changes to the existing DUI and BUI sentencing framework, focusing on repeat offenders and those causing serious harm.
Florida state law requires that those who operate a motor vehicle in the state give consent to certain chemical or physical tests such as blood and breath tests to check for alcohol consumption. This law allows for a driver to face criminal charges if they refuse this test after a lawful DUI arrest. In the past, criminal charges only applied if the driver had a previous driving suspension due to a refusal to submit to this type of testing. The law also increases penalties for those with previous DUI convictions by allowing the state to pursue first degree felony charges in these types of cases.
These changes aim to deter impaired driving. As noted, the law applies to driving under the influence and boating under the influence offenses.
Implications for those accused of a DUI offense
Those who face allegations of a DUI or BUI offense in Florida are wise to learn the basics of this law. After October 1, 2025, Trenton’s law will be in effect and those who are building a defense to these charges will need to work their way through a more stringent legal landscape to avoid increased penalties. Key implications include:
- Longer incarceration periods: For repeat offenses, the law increases criminal charges to first degree felony which comes with up to 30 years imprisonment.
- Financial burdens: Those who face these allegations can also face higher fines and the cost of installing and, if an ignition interlock device is required, may also have to cover the costs to maintain the device.
Trenton’s Law represents a significant shift in Florida’s approach to DUI sentencing. It is important to keep these and any other potential changes in mind when building a defense strategy to allegations of wrongdoing.