Refusing a breath test in Florida is no longer just a license problem. As of October 1, 2025, it is a crime. A new law called Trenton’s Law (House Bill 687) changed the rules, and many drivers still do not know about it. Under the old system, a first refusal only cost you your license for a year. Now that same refusal can put a criminal charge on your record, even if it is your first time. This guide explains what Trenton’s Law does, the penalties you face, and the steps to take if you refused a test.
Florida runs two separate cases against you after a DUI stop. One is criminal, as decided by the court. The other is administrative, handled by the Department of Highway Safety and Motor Vehicles (DHSMV). A test refusal now triggers both. Winning or settling one does not cancel the other, so knowing how each works is important.
What Is Trenton’s Law (HB 687)?
Trenton’s Law is House Bill 687, also filed as Chapter 2025-121. It took effect on October 1, 2025. Lawmakers named it after Trenton Stewart, an 18-year-old killed in Tampa in 2022 by a repeat impaired driver. The law was passed to close what legislators called a loophole in DUI enforcement.
The law amended two Florida statutes. Section 316.1932 covers implied consent, and Section 316.1939 covers test refusal. Together, these changes make a first refusal a criminal act and require officers to warn you about it before you decide.
What Changed on October 1, 2025
The shift is easy to understand when you compare the old rule with the new one.
Before Trenton’s Law, a first refusal of a breath or urine test was an administrative matter only. It meant a one-year license suspension and nothing more on the criminal side. Only a second refusal, or a refusal after a prior refusal-related suspension, could be charged as a crime.
After Trenton’s Law, a first refusal is a criminal offense on its own. It is charged as a second-degree misdemeanor, separate from the DUI case itself. A second or later refusal is now a first-degree misdemeanor. The administrative license suspension still applies on top of the criminal charge.
Criminal Penalties for Refusing a Breath Test
The refusal is a distinct charge under Section 316.1939. It stands apart from any DUI charge, so you can face both at once. The table below shows the criminal penalties.
| Refusal | Charge | Jail | Fine |
|---|---|---|---|
| First refusal | Second-degree misdemeanor | Up to 60 days | Up to $500 |
| Second or later refusal | First-degree misdemeanor | Up to 1 year | Up to $1,000 |
A second-degree misdemeanor can also carry up to 6 months of probation. A first-degree misdemeanor can carry up to 1 year of probation. Most damaging of all, a conviction creates a criminal record that follows you into job and housing applications.
The License Suspension Still Applies
The criminal charge does not replace the license penalty. It stacks on top of it. The DHSMV suspends your license for refusing a lawful test, and those periods did not change under the new law.
- First refusal: 1-year license suspension.
- Second or later refusal: 18-month license suspension.
You have only 10 days to request a formal review hearing to challenge the administrative suspension. Missing that deadline means the suspension takes effect automatically. Many first-time drivers lose this chance simply because they do not know the clock is running.
You may still qualify for a hardship license so you can drive to work, school, and DUI classes. To apply, you usually must enroll in DUI school first and file through the DHSMV.
Implied Consent: Why Refusal Carries Penalties
The whole system rests on Florida’s implied consent law. When you accept a Florida driver’s license and drive on state roads, you agree in advance to submit to a breath, urine, or blood test if an officer lawfully arrests you for DUI. This is the trade-off for the privilege of driving.
Under Trenton’s Law, the officer must read you an updated warning before the test. The warning must now tell you that a first refusal is a second-degree misdemeanor, and that a refusal with a qualifying prior is a first-degree misdemeanor. The one-year and 18-month suspension warnings still apply as well.
That warning requirement matters. If the officer fails to read it correctly, a defense attorney may be able to challenge whether the refusal can be used against you.
Field Sobriety Tests Are Different
There is one key point drivers often miss. Roadside field sobriety tests are not the same as a breath or urine test. Field sobriety tests, like the walk-and-turn or the one-leg stand, are voluntary in Florida. You can decline them without a criminal penalty.
The chemical breath or urine test at the station is the one covered by implied consent. That is the test Trenton’s Law turned into a criminal issue when you refuse it. So refusing to walk a line on the roadside is treated very differently from refusing the breathalyzer after a lawful arrest.
Does Trenton’s Law Apply to You?
The law is not retroactive. Its criminal penalties apply only to offenses committed on or after October 1, 2025. If your refusal happened before that date, the old administrative-only rule applies to your first refusal. If it happened on or after that date, the new criminal charge is in play. This distinction can shape your entire case, so confirm your dates with an attorney.
What to Do If You Refused a Test
Acting fast protects both your license and your record. Take these steps in order.
- Request a formal review hearing within 10 days to fight the license suspension.
- Enroll in DUI school right away. Early compliance looks good to the court and supports a hardship license.
- Speak with a DUI attorney. A refusal charge has specific defenses, especially around the stop, the arrest, and the warning.
- Apply for a hardship license so you can keep driving to work and required classes.
- Avoid any new violations while your case is open.
How the Bocabay DUI Program Can Help
A refusal charge feels overwhelming, but you do not have to face the educational side of it alone. At Bocabay DUI Program, we help Florida drivers meet the DUI school and driver improvement requirements that follow a DUI arrest or refusal. Enrolling early is often a required step before you can apply for a hardship license.
Our state-approved courses help you satisfy court and DHSMV requirements, rebuild safe driving habits, and work toward getting your license back. We offer flexible, affordable options, including online courses that let you finish on your own schedule. If you are dealing with a DUI or a test refusal, Bocabay DUI Program gives you a clear, supported path back to responsible driving.
Frequently Asked Questions
Is refusing a breath test a crime in Florida now?
Yes. As of October 1, 2025, refusing a lawful breath or urine test after a DUI arrest is a crime in Florida under Trenton’s Law (HB 687). A first refusal is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. This is on top of a one-year license suspension. Before this law, a first refusal was only a license matter, so this is a major change drivers need to know.
What is the penalty for a first breath test refusal in Florida?
A first breath test refusal is a second-degree misdemeanor with up to 60 days in jail, a fine of up to $500, and up to 6 months of probation. You also face a one-year administrative license suspension from the DHSMV, which is separate from the criminal charge. A second or later refusal rises to a first-degree misdemeanor with up to one year in jail and an 18-month suspension.
Can I refuse a field sobriety test in Florida?
Yes. Field sobriety tests, such as the walk-and-turn or one-leg stand, are voluntary in Florida, and you can decline them without a criminal penalty. Trenton’s Law does not apply to these roadside tests. It applies to the chemical breath or urine test requested after a lawful DUI arrest, which is covered by implied consent. Keep in mind that an officer can still arrest you based on other signs of impairment.
Does Trenton’s Law apply to refusals before October 1, 2025?
No. Trenton’s Law is not retroactive. Its criminal penalties apply only to offenses committed on or after October 1, 2025. A first refusal before that date is treated under the older rule as an administrative license matter, not a crime. Because the exact date controls how your case is charged, confirm the timing with a Florida DUI attorney.
