Florida Has A New DUI Law
Florida just closed a long-standing DUI loophole. Starting October 1, 2025, refusing a breath test is no longer a “safe” legal strategy. Under Trenton’s Law, even a first refusal is now a criminal offense — bringing new risks, harsher penalties, and permanent consequences for Florida drivers.
Starting back on October 1, 2025 Florida drivers can no longer “game the system” by refusing a breath test.
Under Trenton’s Law (HB 687), even a first-time refusal is now a criminal offense, a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine. This is on top of the automatic one-year driver’s license suspension that already comes with a refusal.
A single “No” to taking a Breath Test now exposes drivers to two punishments at once: criminal prosecution and license loss.
Prosecutors will have more leverage, juries will still hear about the refusal, and the so-called “safe option” of refusing has disappeared overnight.
What this means:
You could be found not guilty of DUI…but still be convicted of refusing to take the test — and face jail time, probation, and a permanent criminal record.
Why this matters:
For years, refusing the test was a legal strategy used by many drivers, especially if they believed the stop was unlawful or the evidence was weak. But this law changes the entire landscape. Refusing the test now carries criminal consequences — not just administrative ones.
Know Your Rights:
• You still have the right to remain silent.
• You still have the right to speak with an attorney.
• But you now face new risks if you decline testing during a DUI investigation.
The Bottom Line:
Refusing a DUI test in Florida now creates bigger problems than taking it. If you or someone you know is facing a DUI arrest, the clock is ticking — you have only 10 days to fight the administrative suspension, and the criminal case begins immediately.
