Every five to ten years, Florida’s legislature passes a new law that increases the penalties for DUI. After all, what legislator wants to be seen as “soft on drunk driving”? History shows this pattern clearly:
- 1980s – the “legal limit” dropped from .15 to .10.
- 1994 – the legal limit again dropped from .10 to .08.
- 2002 – lawmakers added the requirement of an ignition interlock device for some offenders.
- 2008 – the “enhancement level” fell from .20 to .15, increasing penalties for drivers whose BAC was .150–.199.
- 2025 – now, we have Trenton’s Law.
How Did We Get Here?
In 2023, tragedy struck when a college football player named Trenton was killed by an impaired driver. The case gained widespread attention not only because of its devastating impact on Trenton’s family, but also because the driver had already served prison time for a separate vehicular homicide. Despite this, the law at the time did not allow for harsher penalties in DUI death cases involving repeat offenders.
What Trenton’s Law Does
Signed into law and effective October 1, 2025, Trenton’s Law has two major parts:
- Harsher Penalties for Repeat Offenders in DUI Death Cases
- For drivers convicted of DUI Manslaughter or Vehicular Homicide who have a prior DUI manslaughter or Vehicular Homicide conviction, the maximum penalty is now doubled.
- This change closes a loophole and ensures that repeat offenders who cause fatal crashes face significantly tougher consequences.
- Criminalizing a Refusal to Submit to Testing – Even for First Offenders
- Previously, refusing a breath or urine test in a DUI investigation resulted in administrative penalties—primarily, the loss of driving privileges.
- Under Trenton’s Law, any refusal (even on a first offense) is now a criminal offense. A first refusal is now a second-degree misdemeanor, punishable by up to 60 days in jail.
- In other words, drivers accused of DUI who decline to provide a sample now face two layers of punishment: administrative license suspension and potential jail time.
Why This Matters
On one hand, the harsher penalties for repeat offenders in DUI death cases make sense to most people. On the other hand, the new “refusal” provision has raised eyebrows. It effectively punishes someone for exercising their right to require the State to prove its case in court, rather than handing over evidence against themselves.
This is a significant shift in Florida DUI law and one that will affect thousands of drivers across the state.
Final Thoughts
Every DUI case is different. The facts, the legal defenses, and the possible consequences can vary widely. With the addition of Trenton’s Law, the stakes are now even higher for anyone accused of DUI in Florida.
If you or a loved one has been charged with a DUI in Pinellas County, call The Law Office of Timothy Sullivan at 727-855-3847 for a free consultation. We have the experience and knowledge to guide you through these complex and ever-changing laws.