DUI Breath Test Refusal

Trenton's Law (Effective October 1, 2025)

Florida's 2025 update, commonly called Trenton's Law (HB 687), increased DUI-related criminal exposure, including refusal charges. The law is named after Trenton Stewart and was passed to increase accountability in impaired-driving cases.

DUI Refusal Penalties in Florida

Under Florida implied consent law, refusal can trigger both administrative and criminal consequences.

• First refusal: second-degree misdemeanor (up to 60 days in county jail) and license suspension.
• Second or later refusal: first-degree misdemeanor (up to 1 year in county jail), with enhanced consequences.
• Administrative suspension: typically 1 year for a first refusal and 18 months for a repeat refusal.

See Fla. Stat. sections 316.1932 and 316.1939.

What the State Must Prove

In a DUI refusal prosecution, the State generally must prove:

• Law enforcement had probable cause for DUI.
• You were lawfully arrested for DUI.
• You were advised of license-suspension consequences.
• You were advised refusal could be criminal.
• After those warnings, you refused a lawful breath or urine test.

Why Refusal Can Hurt in Two Ways

Refusal can create a separate criminal charge and can also be used by prosecutors as evidence in the underlying DUI case. In practice, it can increase leverage against you at multiple stages of the case.

Administrative Hearings

A DUI refusal usually triggers a separate administrative license process that moves on a short timeline. What you do in the first days after arrest can affect whether you can keep driving while the case is pending.

Learn more about that process on our Hardship Licenses and Administrative Hearings page.

Protect Your License and Record Early

DUI refusal cases move quickly and can affect your license, criminal record, and long-term exposure. Early defense work matters.

If you are facing DUI refusal allegations in Pinellas County or the surrounding Tampa Bay area, contact Suncoast Lawyer for a free consultation.