Fort Lauderdale Criminal Attorney Blog
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. Continue reading
