As your trusted Clearwater defense attorneys, the team with The Law Offices of Marc N. Pelletier wants you to remain on top of the latest changes in the law.
The Florida Legislature has now passed a law, which went into effect on October 1st, 2025, that makes it a second-degree misdemeanor to refuse a breath, urine, or blood test at a DUI stop.
This newly passed law, known as Trenton’s Law, makes it a second-degree misdemeanor to refuse a chemical test, including breath, urine, or blood, when lawfully requested by law enforcement during a DUI traffic stop.
The law was introduced to close what lawmakers consider a loophole in the state’s DUI enforcement procedures and capabilities. Previously, individuals could refuse a test without facing a criminal penalty, which often left prosecutors with fewer tools to pursue DUI convictions. However, with this new law, refusing a test will now carry the weight of a criminal charge, especially without guidance from a Pinellas County traffic lawyer with The Law Offices of Marc N. Pelletier.
Before the law went into effect, drivers who refused to submit to a breath, urine, or blood test did not face criminal charges. Instead, refusing would have primarily resulted in administrative penalties from the Florida Department of Highway Safety and Motor Vehicles. For individuals who had refused testing for the first time, it typically meant a one-year suspension of driving privileges, and while refusals could have been used against defendants in court, they were not crimes in and of themselves.
As of October 1, 2025, the consequences of refusing a test have changed dramatically. With the new Trenton’s Law, a first-time refusal is now treated as a second-degree misdemeanor, which carries penalties of up to 60 days in jail, fines of up to $500, in addition to the one-year civil administrative penalty of a driver’s license suspension that was already imposed by the FL DHSMV.
For individuals who are accused of a DUI in the state of Florida, the stakes are significantly higher. Refusing any sort of chemical testing will result in not only a suspended license, but also a criminal charge, the potential for jail time, and a criminal record.
This change may also influence the way prosecutors can approach their DUI cases. With the act of refusal itself now being a crime, the prosecution has access to an additional charge to pursue, even if proving impairment becomes more challenging. For individuals facing DUI accusations, seeking immediate legal counsel from an experienced defense attorney in Clearwater with The Law Offices of Marc N. Pelletier is more important than it has ever been before.
If you are facing a DUI charge in Pinellas County or anywhere in Florida, the consequences of refusing chemical testing are now more severe than ever, but you do not need to face it on your own.
Call The Law Offices of Marc N. Pelletier today at (727) 493-9386 or request a free consultation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.