Historically, if you were stopped on suspicion of of DUI in Fort Lauderdale and declined to submit to a breath or urine test, the consequence was automatic driver’s license suspension, regardless of what happened with the DUI charge. Now, under Florida’s “Trenton’s Law,” effective October 1, 2025, what was once an administrative inconvenience is now a criminal offense. Understanding what this law means — and, critically, how it can be challenged — is essential for anyone who needs a Fort Lauderdale criminal defense lawyer in their corner today.
What Is Trenton’s Law?
Legislators and victim advocates pushed for Trenton’s law primarily to target repeat DUI offenders. The result was House Bill 687, now codified as an amendment to Florida’s existing DUI statutory framework.
The law has two principal components. It dramatically increases penalties for repeat DUI manslaughter and vehicular homicide offenders. It also fundamentally changes how Florida treats a first-time refusal to submit to a breath or urine test following a DUI arrest. Previously, under Florida’s Implied Consent Law (F.S. § 316.1932), such a refusal carried only an administrative driver’s license suspension of one year. Only a second or subsequent refusal could be prosecuted as a criminal offense.
That is no longer the law. And it’s an important distinction not only for Floridians, but those visiting from other jurisdictions. As it stands, approximately 14 states total impose criminal sanctions for refusing a chemical breath test in connection with a lawful DUI arrest. (We say “approximately” because bills are pending in other states, and there may be legal challenges pending in others.)
The “Right to Refuse” Now Carries a Potential Jail Sentence
Under Trenton’s Law, a first-time refusal to submit to a lawful breath or urine test now triggers both a license suspension and a second-degree misdemeanor criminal charge — punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal remains a first-degree misdemeanor, punishable by up to one year in jail.
A second-degree misdemeanor may not sound serious, but it can carry lasting consequences: background checks, elevated insurance premiums, and professional licensing complications. For teachers, healthcare workers, licensed contractors, and others whose livelihoods depend on a clean record, this is not a minor inconvenience. It is a life-altering event.
The new refusal provision has raised legitimate constitutional concerns among Florida defense attorneys. It effectively punishes someone for declining to hand the State evidence to use against them — an uncomfortable tension with longstanding principles of individual rights that will generate significant litigation in Florida courts for years to come.
The Critical Defense: Challenging the Lawfulness of the Stop
Here is where the conversation shifts from the weight of the law to the power of a skilled defense — and why the work of an experienced Fort Lauderdale criminal defense lawyer begins long before any refusal is ever considered.
The foundation of every DUI case is the traffic stop itself. Under the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution, a law enforcement officer must possess reasonable suspicion — specific, articulable facts — before lawfully initiating a traffic stop. This principle was established in Terry v. Ohio, 392 U.S. 1 (1968), and has been consistently applied by Florida courts ever since.
The Florida Supreme Court gave this doctrine concrete force in Popple v. State, 626 So. 2d 185 (Fla. 1993), holding that where an officer lacks the necessary reasonable suspicion to transform a consensual encounter into an investigatory stop, evidence obtained during that seizure is inadmissible. The ruling empowers courts to closely examine the specific circumstances of every vehicle encounter to determine whether the seizure was lawful.
Why does this matter so acutely under Trenton’s Law? Because if the initial traffic stop was unlawful, everything that flows from it — including the refusal itself — may be suppressible as fruit of the poisonous tree. If a judge determines the stop was illegal, the prosecution’s case can be gutted, and in many instances, charges must be dismissed entirely for lack of admissible evidence.
Under the new law, officers are also required to advise drivers that refusing the test is now a criminal offense — not merely an administrative one. If an officer fails to deliver this updated implied consent warning accurately and completely, that failure can independently support a motion to suppress the refusal charge.
A thorough Fort Lauderdale criminal defense lawyer will immediately scrutinize: whether the officer had objectively reasonable grounds to initiate the stop; whether dashcam or bodycam footage contradicts the officer’s stated justification; whether the updated implied consent warning was properly given; and whether any procedural violations occurred between the moment of the stop and the moment of the refusal.
A Misdemeanor Is Not a Minor Matter — Especially Now
It is tempting to view a second-degree misdemeanor as something that can be resolved quickly and without serious legal representation. Under Trenton’s Law, that approach is a serious mistake.
Prosecutors are aware that the refusal itself is now an independent criminal charge, and they will use it as leverage in plea negotiations. First-time offenders face greater pressure than ever before to accept outcomes that will follow them for years. The cost of underestimating a misdemeanor charge can far exceed the cost of defending it properly from the outset.
Retaining an experienced Fort Lauderdale criminal defense lawyer, even for a misdemeanor, can make a profound and lasting difference. In the immediate term, a skilled attorney can: investigate whether the traffic stop was constitutionally valid; file motions to suppress the refusal and any other unlawfully obtained evidence; challenge the adequacy and accuracy of the implied consent warning; negotiate with the Broward State Attorney’s Office for a reduction or outright dismissal of charges; and represent you at the formal review hearing before the Florida Department of Highway Safety and Motor Vehicles to fight for your driving privileges.
In the long term, avoiding a misdemeanor conviction — or achieving a reduction to a non-criminal disposition — can protect your employment, your professional licenses, your housing prospects, and your standing in the community in ways that extend far beyond the courtroom.
Trenton’s Law has fundamentally changed the calculus of a DUI investigation in Florida. The stakes are higher, the decisions made roadside carry greater legal consequences than ever before, and the window for an effective defense narrows quickly. But the Constitution has not been repealed, and the government still bears the burden of proving every element of its case — including that the stop that started everything was lawful in the first place.
If you or someone you know is facing a DUI refusal charge under Trenton’s Law, do not wait. The time to speak with a skilled Fort Lauderdale criminal defense lawyer is now.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.