As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former police academy instructor, I know how much of a marijuana DUI case rests on one officer’s opinion about a driver’s eyes, speech, and balance. I am a member of the National College for DUI Defense, and I have tried more than 150 jury trials to verdict. Our attorneys defend marijuana and drug DUI cases across Hillsborough, Pinellas, and Pasco Counties by testing that opinion against the video, the lab report, and the science.

Can you be charged with DUI for marijuana in Florida?

Yes. Under section 316.193(1)(a), Florida Statutes, a person commits DUI if the person “is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.” Cannabis and THC are controlled under chapter 893, so driving while impaired by marijuana is DUI.

The key words are “normal faculties are impaired.” The State has to prove that marijuana actually impaired your normal faculties while you were driving, which is more than proving you had used it. Our Tampa DUI lawyer team builds the defense around that element, because it is the hardest one for the State to prove in a drug case.

Is there a legal THC limit for driving in Florida?

No. Section 316.193 sets a per se limit only for alcohol, a blood or breath alcohol level of 0.08 or higher. There is no THC number that makes driving a crime by itself, so a marijuana DUI is always an impairment case.

Without a number to point to, prosecutors lean on the officer’s observations and on drug recognition testimony. That is where our attorneys at The Brancato Law Firm focus cross-examination.

Why is THC in your blood not proof of impairment?

Because research shows THC levels do not line up with how impaired a person is. The National Highway Traffic Safety Administration told Congress in Marijuana-Impaired Driving: A Report to Congress (DOT HS 812 440, July 2017) that “the level of THC in the blood and the degree of impairment do not appear to be closely related,” and that “THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC.”

A controlled driving study points the same way. In Marcotte and colleagues, Driving Performance and Cannabis Users’ Perception of Safety, published in JAMA Psychiatry in 2022, 191 regular cannabis users were randomly assigned to placebo, 5.9% THC, or 13.4% THC cannabis and then tested in a driving simulator. Driving scores in the THC groups dropped at 30 minutes and 1.5 hours, were borderline at 3.5 hours, and were gone by 4.5 hours. The authors concluded that impairment “cannot be inferred based on … THC blood concentrations.”

The AAA Foundation for Traffic Safety reached a similar conclusion in its 2016 study of DUI arrest data, An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per se Limits for Cannabis, finding that “a quantitative threshold for per se laws for THC following cannabis use cannot be scientifically supported.” The foundation reported that 70% of cannabis-positive DUI arrestees in its data had THC levels below 5 ng/mL. Our attorneys at The Brancato Law Firm use these sources with defense toxicologists to show a jury why a positive test is the start of the question.

How do police test for marijuana after a DUI arrest in Florida?

Usually with a urine test, and sometimes with blood. Under section 316.1932, Florida Statutes, a driver lawfully arrested for DUI has consented to a urine test, which “must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests … in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual.”

The forced blood draw comes from section 316.1933, Florida Statutes. The refusal crime comes from Trenton’s Law, chapter 2025-121, Laws of Florida, effective October 1, 2025, which made a first refusal of a lawful breath or urine test a second-degree misdemeanor under section 316.1939, Florida Statutes. A blood refusal is still not a crime. Our post on breath test refusal in Florida walks through the warnings an officer must give.

Can THC test results be used against you at trial?

Often, but a judge can keep them out when they mislead more than they prove. In State v. Sercey, 825 So. 2d 959 (Fla. 1st DCA 2002), an Alachua County DUI manslaughter case, the court held that standard THC testing is not novel science, so evidence of THC “is therefore admissible even if it cannot be quantitatively related to impairment, unless it is excluded under section 90.403.” The court also upheld the exclusion of expert opinions that tried to estimate when the driver last used marijuana.

Section 90.403 is the rule that excludes evidence when unfair prejudice substantially outweighs its value. In Estrich v. State, 995 So. 2d 613 (Fla. 4th DCA 2008), a Palm Beach County fatal crash case, the State introduced 39 nanograms of carboxy-THC, a THC metabolite. The evidence showed it “probably did not affect” the driver at the time of the crash, so the court held it should have been excluded and ordered new trials.

Together these cases set the defense playbook. Our attorneys at The Brancato Law Firm look at exactly what the lab measured, whether it was THC itself or a metabolite, and how long after driving the sample was taken, and we file a motion to exclude when the number cannot speak to impairment.

What is a drug recognition expert, and is the opinion reliable?

A drug recognition expert, or DRE, is an officer trained to run a 12-step evaluation and give an opinion about which drug category is impairing a driver. In Williams v. State, 710 So. 2d 24 (Fla. 3d DCA 1998), the court held that the 12-step protocol “is not ‘scientific'” and allowed the officer’s opinion that the driver was impaired by specific drug categories. The court treated the horizontal gaze nystagmus eye test as “quasi-scientific,” admissible only with a foundation that a qualified officer administered it properly. A dissenting judge warned that a DRE “is not a toxicologist.”

Williams was decided under an older standard for scientific evidence, so our attorneys challenge DRE opinions under the current rules and test whether each of the 12 steps was done and recorded. Our post on drug recognition experts in Florida explains the evaluation step by step.

Does a medical marijuana card protect you from a DUI?

No. Section 381.986(14)(g), Florida Statutes, states that the medical marijuana law “does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the medical use of marijuana or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance.”

The card also does not cover use in a car. “Medical use” excludes use “In a school bus, a vehicle, an aircraft, or a motorboat,” except for low-THC cannabis not in a form for smoking, and using marijuana in a vehicle is a first-degree misdemeanor under section 381.986(12)(c). A lawful patient can still be a sober driver, though, and our attorneys at The Brancato Law Firm show the jury the difference between a patient who has THC in the body and a driver whose faculties were impaired. Possession rules for patients are covered in our guide on how to fight a marijuana possession charge in Florida.

Can you get a DUI for delta-8 or hemp products in Florida?

Possibly, and the question is unsettled. Delta-8 THC is listed in Schedule I at section 893.03(1)(c)190.a., Florida Statutes, but section 581.217, Florida Statutes provides that hemp-derived cannabinoids “are not controlled substances or adulterants if they are in compliance with this section.” A compliant hemp product therefore has a strong argument that it is not a “substance controlled under chapter 893” for the DUI statute. We have found no Florida appellate decision on that argument.

The State will answer that the product was not compliant, for example because it exceeded 0.3% total delta-9 THC or was synthesized. The federal picture also changes on November 12, 2026, when Public Law 119-37 narrows the federal definition of hemp and excludes cannabinoids synthesized outside the plant, according to the Congressional Research Service. Florida’s hemp statute does not adopt the federal text, so a Florida DUI still turns on Florida law. Hemp products in Florida are legal to sell to adults 21 and older when they meet section 581.217, but legal to buy never means legal to drive impaired. Our attorneys at The Brancato Law Firm get the product, its label, and its certificate of analysis into evidence early, because lab proof of the exact cannabinoid can decide the case.

How common are marijuana-involved crashes in Florida?

Hundreds a year. In 2023, marijuana was reported in 417 Florida crashes, down from 554 in 2020, according to the Florida Department of Highway Safety and Motor Vehicles report Impaired Driving Education Campaign, presented to the Governor and Cabinet on January 31, 2025. The same report counted 969 impaired-driving fatalities statewide in 2023, involving alcohol, drugs, or both.

These figures count crashes where marijuana was reported, and one crash can count under more than one drug. They do not show that marijuana caused the crash. Our attorneys at The Brancato Law Firm keep that distinction in front of the jury, because the State often treats “reported” as “impaired.”

What are the penalties for a marijuana DUI in Florida?

The same as for an alcohol DUI. Under section 316.193, a first conviction carries up to 6 months in jail, a fine of $500 to $1,000, probation of up to 1 year, at least 50 hours of community service, and a 10-day vehicle impoundment. DUI with property damage or injury is a first-degree misdemeanor, DUI with serious bodily injury is a third-degree felony, and DUI manslaughter carries a 4-year mandatory minimum. Our guide to the penalties for DUI in Hillsborough County covers every tier.

Your license is a separate case. If you refused a urine or breath test, your license is suspended for the refusal, and you have 10 days from the notice of suspension to request review. Our post on how to protect your driver’s license after a DUI arrest explains the choices, and our attorneys at The Brancato Law Firm handle the license review and the criminal case together.

How do our attorneys fight a marijuana DUI charge?

We take apart each piece of the impairment case:

1. The stop. We review whether the officer had a lawful reason to stop the car and to extend the stop for a drug investigation.
2. The driving. We compare the arrest report with the dash camera and body camera video.
3. The roadside exercises. We check how they were explained and scored, and whether the video matches the report.
4. The DRE evaluation. We check every one of the 12 steps against the DRE’s own written record.
5. The lab. We identify whether the result was THC itself or a metabolite, when the sample was taken, and how the urine collection was handled under section 316.1932.
6. The product. For delta-8 and hemp, we test whether the substance was a controlled substance at all.
7. The science. We use the NHTSA, AAA, and JAMA Psychiatry research, with defense experts, to show why THC in the body is not proof of impairment.

What should you do after a marijuana DUI arrest in Tampa?

Move fast on the license and the evidence. A person arrested in Hillsborough County sees a judge at first appearance within 24 hours, held at the Orient Road Jail. Then:

1. Mark the 10-day deadline if your license was suspended for a refusal.
2. Write down the timeline of when you last used any product and when you were tested.
3. Keep the product and its packaging, including any hemp label or certificate of analysis.
4. Do not discuss the case on jail calls or social media.
5. Call a DUI lawyer before the first court date, so video and lab records can be requested early.

Frequently asked questions about marijuana DUI in Florida

Can marijuana DUI charges be dropped in Florida?

Yes, when the State cannot prove impaired normal faculties, when a THC result is excluded, or when the stop is suppressed. The Brancato Law Firm puts those weaknesses in front of the prosecutor early, as described on our Tampa DUI defense page.

How long after smoking marijuana can you be charged with DUI in Florida?

Florida has no time rule; the question is whether you were impaired when you drove. In the 2022 JAMA Psychiatry simulator study, measured driving impairment was gone by 4.5 hours, and our attorneys at The Brancato Law Firm build the timeline of use, driving, and testing to show the gap.

Is refusing a urine test for marijuana a crime in Florida?

Yes, since October 1, 2025, a first refusal of a lawful urine test is a second-degree misdemeanor, and it also brings a 1-year license suspension. The Brancato Law Firm checks whether the officer gave the warnings the law requires, as our post on refusal in Florida explains.

Is a medical marijuana card a defense to DUI in Florida?

No; section 381.986(14)(g) says the medical marijuana law does not protect a patient from an impairment prosecution. Our attorneys at The Brancato Law Firm still use the patient’s records to explain why THC was present without impairment, and our marijuana possession guide covers the card’s limits.

Can you get a DUI for delta-8 in Florida?

You can be arrested for it, but whether a compliant hemp product is a “controlled substance” under the DUI statute is unresolved in Florida’s appellate courts. The Brancato Law Firm gets the product tested and challenges the State’s proof of what the driver actually used.

Does a drug recognition expert’s opinion prove I was high?

No; it is one officer’s opinion, and a Florida court has held the 12-step protocol “is not ‘scientific.'” Our attorneys at The Brancato Law Firm cross-examine DREs step by step, as described in our post on drug recognition experts.

Will a marijuana DUI suspend my license in Florida?

It can, through a refusal suspension at arrest or a revocation after conviction. The Brancato Law Firm requests the license review within the 10-day window and coordinates it with the criminal defense, and our DUI license guide explains the options.

Speak with a Tampa marijuana DUI lawyer

Your license and your criminal case run on separate clocks after a marijuana DUI arrest, and the license clock can be as short as 10 days. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will request the video and lab records, challenge the DRE opinion, and protect your driving privilege. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa DUI Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Hillsborough County judge sentencing a DUI starts with two questions: what the law requires, and what the driver has already done to address the problem. The first question is fixed by statute. The second is where our attorneys at The Brancato Law Firm do most of the work. As founder of the firm, a Tampa criminal defense practice, and a member of the National College for DUI Defense, I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict.

This guide lays out every penalty tier in section 316.193, Florida Statutes, as it reads in 2026, what Trenton’s Law changed, and how DUI cases are reduced in Hillsborough County.

What are the penalties for a first DUI in Florida?

A first DUI is a misdemeanor punishable by up to 6 months in jail and a fine of $500 to $1,000. The statute adds several requirements that apply even when the judge imposes no jail.

The court cost comes from section 938.07, Florida Statutes, and the revocation from section 322.28, Florida Statutes. The total of probation and jail cannot exceed 1 year. Our attorneys at The Brancato Law Firm explain each of these to clients at the first meeting, because most people only expect the fine.

What happens if your blood alcohol was 0.15 or higher?

The maximums go up. Under section 316.193(4), a breath or blood result of 0.15 or higher, or having a passenger under 18 in the vehicle, raises a first-offense fine to $1,000 to $2,000 and the jail maximum to 9 months. The court must order an ignition interlock for at least 6 continuous months.

The 0.15 result also limits plea bargaining. Under section 316.656, Florida Statutes, a judge may not accept a plea to a lesser offense from a driver whose test showed 0.15 or higher. That makes the accuracy of the breath result the central issue in a high-result case. Our post on what happens when an Intoxilyzer was not properly maintained explains how our attorneys challenge it.

What are the penalties for a second, third, or fourth DUI?

The penalties climb with each prior conviction, and the timing of the priors decides the tier.

Ignition interlock is required for at least 1 year after a second conviction, at least 2 years after a third, and at least 5 years after a fourth under section 322.2715, Florida Statutes. The 10-day and 30-day jail minimums must include at least 48 consecutive hours. Because a prior DUI from years ago can turn a new case into a felony, The Brancato Law Firm verifies every prior conviction on the driving record before advising a client on a plea.

When is a DUI a felony in Florida?

A DUI is a felony in four situations: a third DUI within 10 years of a prior conviction, any fourth DUI, a DUI that causes serious bodily injury, and DUI manslaughter.

The statute states that “A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.” The prison maximums for each degree come from section 775.082, Florida Statutes. Our Tampa DUI lawyer team defends felony DUI and DUI manslaughter cases with accident reconstruction and forensic toxicology, as described in our post on retrograde extrapolation in Florida DUI cases.

What did Trenton’s Law change?

Trenton’s Law, chapter 2025-121, Laws of Florida, took effect October 1, 2025 and made two changes to DUI penalties. First, a first refusal of a lawful breath or urine test is now a second-degree misdemeanor under section 316.1939, punishable by up to 60 days in jail. Before that date, a first refusal was not a crime. Second, DUI manslaughter is now a first-degree felony when the driver has a prior conviction for DUI manslaughter, boating under the influence manslaughter, vehicular homicide, or vessel homicide.

Trenton’s Law did not change the second, third, or fourth DUI tiers, the license revocations, or the 4-year DUI manslaughter minimum. In practice, a refusal arrest now usually means two charges, the DUI and the refusal, and our attorneys at The Brancato Law Firm defend both together. Our guide on whether refusing a breathalyzer is a crime in Florida covers the refusal charge in detail.

Did Florida change DUI penalties in 2026?

No. The 2026 Legislature considered a bill to raise DUI penalties, HB 1549, but it died in committee on March 13, 2026, according to the Florida Senate’s bill history. The only 2026 changes to these statutes were a cross-reference correction in section 316.193 and a procedural change allowing the Department to email informal license review decisions, effective October 1, 2026. The Brancato Law Firm rechecks these statutes after every legislative session.

How many DUI cases does Hillsborough County handle?

Thousands every year. FDLE’s Total Arrests by County, 2020, the most recent county-level FDLE table, counted 2,808 DUI arrests in Hillsborough County, 2,027 in Pinellas County, and 661 in Pasco County, out of 29,115 statewide.

The Florida Department of Transportation’s FY2025 Highway Safety Annual Report says the MADD court monitoring program tracked more than 4,100 DUI cases in Hillsborough County from October 2024 through September 2025. The human cost behind those numbers is real: the National Highway Traffic Safety Administration’s State Alcohol-Impaired-Driving Estimates: 2024 Data counted 769 alcohol-impaired-driving deaths in Florida in 2024, 24% of all traffic deaths in the state.

Research supports at least one of these requirements. A study in the American Journal of Public Health, Impact of State Ignition Interlock Laws on Alcohol-Involved Crash Deaths in the United States (Kaufman and Wiebe, 2016), found lower alcohol-involved crash death rates in states with interlock requirements for all offenders.

Can DUI penalties be reduced in Hillsborough County?

Yes, in many cases. The most common paths are a challenge to the stop or the breath test that leads to a dismissal or a reduction, a negotiated plea to reckless driving, and diversion for eligible first-time drivers. The Hillsborough State Attorney’s Office lists a diversion program called Reducing Impaired Driving Recidivism (RIDR) on its programs page. A crash can make a driver ineligible.

What persuades a prosecutor is evidence. Our attorneys gather the video and test records, and we document what the client has done since the arrest: a substance abuse evaluation, treatment if recommended, and a mitigation report. Recent results from our firm:

Past results do not guarantee future outcomes. More results are on our case results page, and our guide on how to fight a DUI charge in Hillsborough County explains the defenses.

What should you do after a DUI arrest?

Start with the license deadline. You have 10 days from the notice of suspension to request a review, and our guide on how to protect your license after a Tampa DUI arrest explains your options. Then gather your driving record so the prior-conviction question is answered early, and do not discuss the arrest with anyone but your lawyer. A substance abuse evaluation completed before the first court date often helps the sentencing discussion later.

Frequently asked questions about Florida DUI penalties

Can DUI charges be dropped in Florida?

Yes. DUI charges can be dropped or reduced when the stop was unlawful, the breath test was unreliable, or the evidence of impairment is weak. The Brancato Law Firm reviews the video, the breath instrument records, and the arrest paperwork before any plea discussion.

Will I go to jail for a first DUI in Hillsborough County?

Not necessarily. A first DUI carries up to 6 months in jail but no mandatory jail, and many first-time cases resolve with probation and the statutory conditions. Our attorneys at The Brancato Law Firm present treatment and mitigation to keep jail off the table, and you can read more on our Tampa DUI defense page.

Is a third DUI always a felony in Florida?

No. A third DUI is a third-degree felony only if it comes within 10 years of a prior conviction, while any fourth DUI is a felony regardless of timing. The Brancato Law Firm checks the dates of every prior conviction, because that timing can decide whether the case is a misdemeanor or a felony.

Is an ignition interlock required for a first DUI?

Only in some cases. The judge may order an interlock for a first DUI, but it is mandatory for at least 6 months when the result was 0.15 or higher or a minor was in the car. Our attorneys at The Brancato Law Firm challenge the breath result when it is the only reason the interlock is required, as explained in our Intoxilyzer maintenance guide.

Does Trenton’s Law make DUI penalties harsher?

Partly. It made a first breath-test refusal a crime and raised DUI manslaughter to a first-degree felony for drivers with a prior homicide-type conviction, but it did not change the regular DUI tiers. The Brancato Law Firm explains how the new law applies to the date of your arrest.

What is the RIDR program in Hillsborough County?

RIDR, Reducing Impaired Driving Recidivism, is a diversion program run by the Hillsborough State Attorney’s Office for eligible DUI cases. Our attorneys at The Brancato Law Firm evaluate eligibility early, because a crash or other aggravating fact can rule it out.

Call our Tampa DUI defense attorneys today

The penalties in a DUI case are set by statute, but the outcome is not. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will protect your license within the 10-day window, verify your record, and build the case for dismissal, diversion, or a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our DUI defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Most refusal cases are decided by what the officer said, in what order, before the driver said no. Body camera audio usually settles it. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I bring a background that fits these cases: I am a member of the National College for DUI Defense and a former police academy instructor. Our attorneys defend refusal charges and the DUI cases that come with them in Hillsborough, Pinellas, and Pasco Counties.

This guide covers what changed in 2025, what the State must prove, how a refusal is used at trial, and what to do about your license in the first 10 days.

What happens when you refuse a breath test in Florida?

Three separate things happen when you refuse. First, the refusal is admissible in the DUI case under section 316.1932, Florida Statutes, and the prosecutor will argue it shows you knew you would fail. Second, your license is suspended administratively for 1 year, or 18 months if you refused before. Third, the refusal is now its own crime, even on a first refusal.

Florida’s implied consent law is the trade built into every driver license. By driving in Florida, you are deemed to have agreed to an approved breath or urine test after a lawful DUI arrest. The officer must tell you the consequences of refusing before the refusal counts against you. Our attorneys at The Brancato Law Firm start every refusal case by listening to that warning on the video.

Is a first refusal really a crime now?

Yes. Before October 1, 2025, a first refusal carried only the license suspension. The crime applied only to a driver whose license had already been suspended for an earlier refusal. Trenton’s Law, chapter 2025-121, Laws of Florida, changed that. Under the current section 316.1939, Florida Statutes, a first refusal is a second-degree misdemeanor and a second or later refusal is a first-degree misdemeanor.

The jail and fine maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. One detail catches boaters. A prior fine under section 327.35215 for refusing a test after a boating under the influence stop counts as a prior refusal, so a first roadside refusal can be charged as the first-degree misdemeanor.

Is refusing a blood test a crime?

No. The refusal statute covers only breath and urine tests. Florida asks for blood only in limited situations under section 316.1932(1)(c), such as when a driver is at a hospital and a breath or urine test is impractical, and refusing blood brings a license suspension but no criminal charge.

That line follows the Constitution. In Birchfield v. North Dakota, 579 U.S. 438 (2016), the U.S. Supreme Court held that police may require a breath test as a search incident to a lawful DUI arrest, but not a blood test. Florida’s Fifth District applied that rule to our refusal statute in Williams v. State, 210 So. 3d 774 (Fla. 5th DCA 2017), which upheld a breath-refusal conviction. The Brancato Law Firm checks every charging document to confirm the State charged a test the statute actually covers.

What must the State prove to convict you of refusal?

The State must prove five elements under section 316.1939(1), and each one is a place these cases fall apart:

1. Probable cause. The officer had probable cause to believe you were driving or in actual physical control of a vehicle while impaired.
2. A lawful arrest. You were lawfully arrested for DUI before the test was requested.
3. The suspension warning. You were told a refusal would cost your license for 1 year, or 18 months after a prior refusal.
4. The crime warning. You were told that refusing is itself a misdemeanor.
5. A refusal after the warnings. Only after being told all of this did you refuse.

Element 4 is new, and it creates a defense that did not exist before October 2025. An officer who read an outdated implied consent card, one that said refusal was a crime only after a prior suspension, did not give the warning the statute now requires. No Florida appellate court has decided a case on this point yet, so our attorneys raise it by motion and preserve it for appeal.

Element 2 matters at the license hearing too. In Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011), the Florida Supreme Court held that the department cannot suspend a license for a refusal that was not incident to a lawful arrest. A bad stop can defeat the criminal refusal charge and the suspension with the same evidence.

Do you have the right to talk to a lawyer before deciding?

No. In State v. Busciglio, 976 So. 2d 15 (Fla. 2d DCA 2008), a Hillsborough County case, the Second District held that the officer’s “yes or no” question about taking the breath test is not interrogation, so the right to counsel does not attach to it. The warning in that case was read from a form provided at Central Breath Testing, the Hillsborough County Sheriff’s Office breath testing site.

In practice, this means a driver who says “I want my lawyer first” may be marked as a refusal. Whether that answer was a knowing refusal after proper warnings is still a fact question. In our experience in Hillsborough County cases, the paperwork often hardens around the word “refused” when the video shows a confused driver asking questions. Our attorneys at The Brancato Law Firm make that video the center of the defense.

How is a refusal used at the DUI trial?

The prosecutor can tell the jury you refused and argue that it shows consciousness of guilt. Section 316.1932 makes the refusal admissible. But Florida courts have set limits, and those limits win cases.

The first limit is the warning. In Howitt v. State, 266 So. 3d 219 (Fla. 5th DCA 2019), officers never told the driver any consequence of refusing. The court held the refusal could not be used to show consciousness of guilt and reversed the DUI convictions.

The second limit is the argument. In Osorio v. State, No. 3D24-0483 (Fla. 3d DCA Feb. 4, 2026), the prosecutor told the jury the defendant could have proved his innocence by blowing. The court held that comment shifted the burden of proof and ordered a new trial. Compare Paul v. State, No. 4D2025-0899 (Fla. 4th DCA Sept. 2, 2026), where the Fourth District affirmed because the prosecutor quickly turned to consciousness of guilt and repeatedly reminded the jury of the State’s burden. The lesson for trial is to object to every burden-shifting phrase.

A refusal case also has no breath number. The State’s proof rests on the officer’s observations, the driving pattern, the field exercises, and the video. When the video shows a driver who walks the line cleanly and then declines to trust a machine, the refusal looks like skepticism.

Can a refusal be suppressed?

Sometimes. An unlawful stop, an arrest without probable cause, missing or garbled warnings, and a dispute over whether a refusal happened at all can each keep a refusal out of evidence or defeat the charge.

One argument no longer works. In State v. Repple, 428 So. 3d 59 (Fla. 2025), the Florida Supreme Court held that a city officer who lawfully arrests a driver inside the city may request the breath test at a facility outside the city limits. The Sixth District applied that rule to a refusal in State v. Hart, No. 6D2024-2164 (Fla. 6th DCA May 22, 2026) and reversed a suppression order. Our attorneys focus on the arguments that survive Repple: the stop, the arrest, and the warnings.

How common are breath-test refusals in Florida?

Very common. A National Highway Traffic Safety Administration study, Breath Test Refusal Rates in the United States: 2011 Update, reported that Florida drivers refused 21,966 of 26,777 breath-test requests in 2011, an 82% refusal rate and the highest reported in the nation. NHTSA noted that states record refusals differently, so the figure is best read as a sign of how often the issue comes up.

The stakes on the road are real. NHTSA’s State Alcohol-Impaired-Driving Estimates: 2024 Data counted 769 alcohol-impaired-driving deaths in Florida in 2024, 24% of the state’s 3,138 traffic deaths. On the license side, the Florida Department of Highway Safety and Motor Vehicles Inspector General reported in a 2024 audit of the Bureau of Administrative Reviews that the bureau held 26,052 hearings and reviews statewide from July 2023 through June 2024.

Research also shows a refusal does not end the case. A second NHTSA report, Breath Test Refusals and Their Effect on DWI Prosecutions (2012), found no clear relationship between refusing and the chance of a conviction at its five study sites, but convicted refusers received harsher jail and fine penalties.

Should you refuse the breath test in Florida?

There is no safe general answer anymore. Before Trenton’s Law, a first refusal cost only a suspension. Today it adds a criminal charge, a consciousness-of-guilt argument at trial, and a full year without a license. The State also does not need a breath number to prosecute, because officers document driving, field exercises, and video.

The decision is made fast, usually without a lawyer, and our work starts wherever yours ended. A refusal case is defensible, and so is a case with a breath result. The worst choice is doing nothing with the 10-day license window.

What should you do in the first 10 days after a refusal arrest?

Act on the license first. Under section 322.2615, Florida Statutes, you have 10 days from the notice of suspension to request a formal or informal review, and the temporary permit on your citation expires at midnight on the 10th day. If you miss the window, the suspension simply runs.

Then preserve the evidence. Body camera and dash camera video decide the warning elements, and retention periods are short. Write down what was said and in what order, list any passengers or witnesses, and do not discuss the stop with anyone but your lawyer. Our guide on how to protect your license after a Tampa DUI arrest explains the formal review hearing, the waiver option, and the Tampa hearing office.

Our attorneys handle refusal cases as part of our Tampa DUI lawyer practice, and we often use the formal review hearing to put the officer’s account under oath months before the criminal trial.

Real results in refusal cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently asked questions about breath-test refusal in Florida

Can a refusal charge be dropped in Florida?

Yes. A refusal charge can be dropped or dismissed when the arrest was not lawful, the officer left out a required warning, or the evidence does not show a knowing refusal. The Brancato Law Firm reviews the body camera audio against the five elements of section 316.1939 before we talk with the prosecutor.

Does Trenton’s Law apply to a refusal before October 1, 2025?

No. The new first-refusal crime applies only to refusals on or after October 1, 2025. An older refusal still matters, because it supports the 18-month suspension and makes a new refusal a first-degree misdemeanor, and our attorneys at The Brancato Law Firm pull your full driving record to see how it counts.

What if the officer read me an old implied consent card?

Then the State may be missing an element. Since October 2025, section 316.1939 requires proof that you were told refusing is a crime, and an outdated card did not say that for a first refusal. The Brancato Law Firm compares the card and the audio word for word, and you can learn more from our DUI defense attorneys in Tampa.

Can I get a hardship license after refusing a breath test?

Often, yes. A first-time driver may qualify for a business-purposes-only license, either after a 90-day wait if the suspension is upheld at review or sooner through the eligibility review under section 322.271(7), Florida Statutes. Our attorneys at The Brancato Law Firm help clients choose between that route and a formal review hearing within the 10-day window.

Will the jury hear that I refused?

In most cases, yes, because section 316.1932 makes a properly warned refusal admissible. The Brancato Law Firm has won refusal trials by showing the jury the video and explaining the confusion, medical issues, or missing warnings behind the refusal, as our case results show.

Is refusing a urine test treated the same as a breath test?

Yes. The refusal statute covers both breath and urine tests, so either refusal can be charged as a misdemeanor if the warnings were given. Blood refusals carry only a license suspension, and our attorneys at The Brancato Law Firm check which test was requested before anything else.

Call our Tampa DUI attorneys before the 10 days run out

The license deadline runs from the notice you received at the arrest, not from your court date. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will request the review, demand the video, and build the refusal defense from the first week. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa DUI defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Impaired driving sits behind a large share of fatal crashes, with an estimated 11,904 alcohol-impaired-driving deaths in 2024 according to NHTSA. Fatal-crash cases draw intense pressure from prosecutors and the public, and that pressure is part of what a defense has to work against. At The Brancato Law Firm, we defend these cases across Hillsborough, Pinellas, and Pasco Counties, and our founder Rocky Brancato has tried more than 150 jury trials to verdict. Our starting point is straightforward: a serious charge is not the same as a hopeless one.

On paper, DUI manslaughter carries a four-year mandatory minimum. The realistic sentencing exposure is closer to ten years once Florida’s scoresheet is run. That gap is exactly why these cases are worth fighting hard, and why the work has to start fast.

What the State has to prove in a DUI manslaughter case

Under Florida Statute 316.193, the State has to prove three things beyond a reasonable doubt:

• The accused drove or was in actual physical control of a vehicle.
• The accused was impaired to the point that normal faculties were affected, or had a blood-alcohol or breath-alcohol level of 0.08 or higher.
• By reason of that operation, the accused caused or contributed to causing a death.

There is no intent requirement. The driver does not have to mean to hurt anyone. For a plain-language breakdown of the charge and its penalties, see our guide on what DUI manslaughter involves.

Impairment can be proven two separate ways. The “normal faculties” theory relies on officer observations, driving pattern, and field sobriety exercises. The “per se” theory relies on a chemical test reading of 0.08 or higher. Each path has its own weaknesses, which is why a real defense looks hard at both.

Why causation is where these cases are really won or lost

Florida’s causation standard is unusually low, and that is the most important thing for anyone facing this charge to understand. The statute requires only that the impaired operation “caused or contributed to causing” the death. The Florida Supreme Court in Magaw v. State held that the State does not have to prove the driver’s drinking caused the crash. It only has to prove that the operation of the vehicle did, and that any lack of care attributable to the impaired driver will satisfy the standard. Later cases like State v. Hubbard confirmed that simple negligence is enough and the driver need not be the sole cause.

That sounds discouraging. It is actually where the leverage is. Because the standard is so low, the defense invests heavily in proving that something else was the real cause.

There is a hard limit on the State’s theory. If the victim’s own conduct was the sole proximate cause of the death, there is no DUI manslaughter. The classic illustration is a pedestrian who darts into traffic where no sober driver could have avoided the collision. Impairment does not turn an unavoidable accident into a homicide.

This is why independent accident reconstruction is the single strongest line of defense. A reconstructionist examines:

• Speed, point of impact, and the angle of the collision
• Visibility, lighting, weather, and road conditions
• Whether a second driver ran a red light or otherwise intervened
• Whether a vehicle defect, such as failed brakes, a tire blowout, or steering failure, caused the loss of control

We have seen a mechanical failure rather than the driver change the entire analysis of a crash. The cause is not always the person behind the wheel. We have also taken causation fights to a jury, including a fatal wrong-way crash on the Selmon Expressway where the central battle was the State’s theory of what actually caused the collision. DUI manslaughter is a homicide charge, and we approach it with the same forensic depth we bring to any homicide defense. Each case is unique, and past results do not guarantee future outcomes.

Why the four-year mandatory minimum understates the real exposure

The statute sets a four-year mandatory minimum, and many people stop reading there. The real number is usually higher because of how Florida scores these cases.

DUI manslaughter is a Level 8 offense under Florida’s Criminal Punishment Code. A primary Level 8 offense scores 74 sentencing points. A death adds 120 victim-injury points. The code then subtracts 28 from the total and multiplies the remainder by 0.75 to produce the lowest permissible prison sentence. Because a death is always part of a DUI manslaughter case, the math runs like this:

• 74 points (primary offense) plus 120 points (death) equals 194 points
• 194 minus 28 equals 166
• 166 multiplied by 0.75 equals 124.5 months, or about 10.4 years

When the guideline floor is higher than the mandatory minimum, the higher number controls, unless the judge grants a lawful downward departure. So the working exposure on a standard DUI manslaughter case is closer to ten years than four. The same scoresheet, run without the death points, would land near 34.5 months. The death points are what make these cases so serious, and they are also why a credible attack on impairment or causation matters so much to the final sentence.

How Trenton’s Law changed DUI manslaughter penalties in 2025

Trenton’s Law, passed as HB 687, took effect on October 1, 2025, and raised the stakes considerably for repeat fatal-driving cases. Two changes matter most.

First, a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide now elevates a new DUI manslaughter to a first-degree felony, with exposure up to 30 years. Older priors count regardless of how long ago they happened.

Second, the law made refusing a breath or urine test its own separate crime in certain circumstances. The decision to refuse a test now carries its own consequences, which makes early legal advice even more important. We cover the mechanics in our explainer on refusing a breath test in Florida.

The practical takeaway: if there is any prior fatal-driving conviction in the picture, the case is in first-degree-felony territory, and the defense strategy changes accordingly.

How the chemical evidence gets challenged

The State’s impairment proof usually rests on a breath or blood test. Both are heavily regulated, and both are genuinely vulnerable when the rules are not followed.

Challenging the Intoxilyzer 8000 breath test

Florida’s evidentiary breath instrument is regulated by the Florida Department of Law Enforcement under Administrative Code Rule 11D-8. The defense can subpoena every maintenance, repair, and monthly-inspection record for the specific machine used and look for:

• Gaps in the required agency inspections
• Unauthorized repairs (only the manufacturer or an approved facility may repair the machine)
• A missing or interrupted 20-minute observation period, which guards against mouth-alcohol contamination
• Radio-frequency or temperature interference, which is worse when the machine sits in a patrol vehicle

Florida courts have excluded breath results when the program failed to follow these rules.

Challenging the blood test

In fatal crashes, blood is usually drawn. The defense scrutinizes the draw technique (an alcohol swab where a non-alcohol antiseptic is required can contaminate the sample), the chain of custody from collection through testing, and whether the lab measured hospital serum or plasma rather than whole blood. Serum readings tend to run higher than whole-blood readings, so an apparent number over 0.08 can shrink once an expert converts it correctly. Florida law also limits who may draw the blood to specific medical personnel.

Rising BAC and retrograde extrapolation

Alcohol keeps absorbing for roughly 30 to 90 minutes after drinking. A sample taken an hour or more after driving can overstate the BAC at the time the person was actually behind the wheel. A forensic toxicologist can work backward to argue the driver was below 0.08 while driving. We explore this in detail in our case study on why your BAC at the station is not your BAC behind the wheel.

Challenging the stop and the warrantless blood draw

September 2026 update: The law on warrantless blood draws just moved decisively in the defense’s favor. In State v. Marlin, No. 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026), the Fourth District affirmed suppression of a forced blood draw in a fatal Turnpike crash, held that the natural dissipation of alcohol is never a per se exigency, and receded from the “probable cause” language in State v. Acevedo that prosecutors had been treating as an exception to the warrant requirement. Absent actual consent or case-specific exigent circumstances, a warrant is required — regardless of Florida’s implied consent law. Our full analysis is in can police take your blood without a warrant in Florida.

Two constitutional challenges come up repeatedly in fatal-crash cases.

The first is the stop. An officer needs reasonable suspicion of a traffic violation or probable cause of a crime to pull a vehicle over. If the stop was unlawful, everything that followed, including officer observations, the breath test, and the blood draw, can be suppressed as fruit of an illegal stop.

The second is the blood draw. The U.S. Supreme Court held in Missouri v. McNeely that a warrantless blood draw requires genuine exigent circumstances, and that the natural dissipation of alcohol is not, by itself, an automatic emergency. If officers had time to get a warrant and did not, the blood result may be thrown out. In a fatal crash where the driver is taken to a hospital, there is often time to seek a warrant, which makes this a live issue in many cases.

Why scene and hospital statements often get suppressed

People involved in a fatal crash are frequently questioned at the scene or in the hospital while in shock. What they say can often be kept out of evidence.

Florida’s accident-report privilege, found in Section 316.066, provides that a crash report or a statement made to an officer for the purpose of completing one may not be used as evidence in any trial, civil or criminal. Under what Florida courts call the “changing hats” doctrine, set out in State v. Norstrom, 613 So. 2d 437 (Fla. 1993), an officer who indicates the driver must answer has to expressly tell the driver that a criminal investigation has begun, then immediately give Miranda warnings, before those statements become admissible. Statements made during the crash-investigation phase, without that switch, are privileged.

This is a powerful suppression tool. It does not cover everything. An officer can still testify to physical observations like the odor of alcohol or slurred speech. But admissions made while a frightened driver believed he was simply helping complete a report often cannot be used against him.

The experts who actually move these cases

A serious DUI manslaughter defense is built on retained experts, and the order matters. Reconstruction comes first, because causation is the element with the most leverage.

• Accident reconstructionist. Establishes speed, impact geometry, and what actually caused the crash.
• Forensic toxicologist. Interprets BAC, handles retrograde extrapolation, and addresses serum-versus-whole-blood conversion.
• ASE-certified mechanic. Inspects the vehicle for a defect that caused the loss of control.
• Medical expert. Addresses cause of death and any pre-existing conditions.

All expert testimony has to satisfy Florida’s Daubert standard before a jury hears it. Our firm maintains a network of forensic experts, including forensic pathologists, accident reconstruction specialists, and former medical examiners. Our founder also spent years as a police academy instructor, training officers on how to investigate and testify, which sharpens cross-examination of the State’s witnesses. This is the forensic rigor we bring when we challenge the State’s forensic evidence, and it is the same standard we apply regardless of the charge. Each case is unique, and past results do not guarantee future outcomes.

DUI manslaughter vs. vehicular homicide, and how they get stacked

A fatal crash often produces two charges from the same event: DUI manslaughter and vehicular homicide. They are both second-degree felonies, but they require the State to prove different things.

When both charges are filed, the defense builds independent defenses for each so the counts do not stack against the client. You can read more about the recklessness standard in our explainer on vehicular homicide in Florida.

What does a realistic reduction look like? Because of the mandatory minimum, the only path below four years is a negotiated reduction to a lesser charge, such as DUI with serious bodily injury or reckless driving, or a lawful downward departure. Reductions are harder to win in fatal cases than in standard DUIs, because prosecutors face public pressure. What moves the needle is the strength of the defense. A genuine problem with the State’s impairment proof, a credible causation theory pointing elsewhere, or suppressible evidence is what makes the State willing to talk.

Why the first 72 hours matter most

The single most important thing a person facing this charge can do is get an experienced Tampa DUI defense team working immediately. Fatal-crash investigations move fast, and evidence disappears.

In the first hours and days after a crash, the defense can:

• Preserve the vehicle’s event data recorder, or black box, which can show speed and braking before impact
• Track down dashcam and nearby surveillance footage before it is overwritten
• Identify and interview witnesses while memories are fresh
• Assert the accident-report privilege before damaging statements get locked in
• Get an independent reconstruction started while the scene is still intact

Once skid marks fade, footage is recycled, and witnesses scatter, that leverage is gone. Early counsel preserves the evidence the defense will need later. The sooner it starts, the more there is to work with.

Frequently asked questions about DUI manslaughter in Florida

Is DUI manslaughter a felony in Florida?

Yes. It is a second-degree felony punishable by up to 15 years in prison. It becomes a first-degree felony, with exposure up to 30 years, if the driver left the scene or has a qualifying prior conviction under Trenton’s Law.

What is the minimum sentence for DUI manslaughter in Florida?

The statute sets a four-year mandatory minimum. In practice, the sentencing scoresheet usually produces a higher floor, often around 124.5 months (about 10.4 years), because a death adds 120 points to the calculation.

Can a DUI manslaughter charge be reduced or dropped?

Sometimes. Because of the mandatory minimum, the routes below four years are a negotiated reduction to a lesser charge or a lawful downward departure. A serious problem with the State’s proof of impairment or causation is usually what makes a reduction realistic.

Does the State have to prove the driver caused the crash?

The State has to prove the impaired driving caused or contributed to the death, which is a low standard. But if someone else, or the victim’s own conduct, was the sole cause of the crash, there is no DUI manslaughter.

Serious charges still have real defenses

A DUI manslaughter charge is among the most serious a person can face in Florida, and the exposure is real. But the State carries the burden on impairment and on causation, and both are open to challenge. The chemical evidence has to be collected and maintained by the rules. The stop and the blood draw have to satisfy the Fourth Amendment. The cause of the crash has to hold up against an independent reconstruction. The work that decides these cases starts long before trial.

This is the kind of case our firm is built for. We keep a limited caseload so every case gets thorough preparation, we prepare every matter as if it will go to trial, and our founder ran the largest criminal defense operation in Tampa Bay as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he oversaw a staff of over 100 attorneys. That system-level knowledge informs how we read a fatal-crash case from the first day.

If you or someone in your family has been arrested or is under investigation for DUI manslaughter in the Tampa Bay area, the sooner you have a defense team in place, the more evidence can be preserved and the more options stay open. Call The Brancato Law Firm at (813) 727-7159 for a free, confidential consultation.

Each case is unique. Past results do not guarantee future outcomes.

What Is Trenton’s Law?

On October 1, 2025, a sweeping new Florida law known as Trenton’s Law took effect, fundamentally changing how DUI and BUI offenses are prosecuted and punished in Florida. This legislation represents one of the most significant expansions of DUI penalties in recent Florida history.

Specifically, Trenton’s Law accomplishes four major objectives: it criminalizes refusal to submit to chemical testing, enhances penalties for repeat offenders, increases sentencing for DUI and BUI manslaughter, and updates Florida’s Criminal Punishment Code to impose higher sentencing points for impaired driving offenses. Consequently, anyone arrested for DUI or BUI after October 1, 2025 faces substantially more severe consequences than under prior law.

Breath Test Refusal Is Now a Crime

One of the most significant changes under Trenton’s Law is the criminalization of breath and urine test refusal. Prior to October 1, 2025, refusing a lawful request for chemical testing resulted in an administrative license suspension but was not itself a criminal offense.

Under the new law, refusing to submit to testing now carries the following criminal penalties:

Moreover, officers must now clearly advise drivers that refusing a lawful test is not only grounds for license suspension but also a crime that can be prosecuted. This expanded implied consent warning ensures defendants cannot claim ignorance of the criminal consequences.

Enhanced DUI and BUI Manslaughter Penalties

Trenton’s Law dramatically increases penalties for DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide—particularly for defendants with prior convictions. Under the new law, these offenses are now elevated to first-degree felonies when the defendant has a prior conviction for any of these offenses.

Prior Convictions That Trigger Enhancement

A defendant’s current charge will be elevated to a first-degree felony if they have any prior conviction for:

• DUI manslaughter (Florida Statute § 316.193(3)(c)3)
• BUI manslaughter (Florida Statute § 327.35(3)(c)3)
• Vehicular homicide (Florida Statute § 782.071)
• Vessel homicide (Florida Statute § 782.072)

Trenton’s Law: Before and After Comparison

Offense Severity Ranking Changes

Trenton’s Law also updates Florida’s Offense Severity Ranking Chart under the Criminal Punishment Code. DUI, BUI, vehicular homicide, and vessel homicide offenses have been moved higher on the chart, resulting in significantly more sentencing points.

In Florida’s sentencing system, higher offense severity rankings translate directly into longer mandatory minimum sentences and increased prison exposure. Therefore, even defendants without prior convictions will face harsher guideline sentences for DUI and BUI offenses committed after October 1, 2025.

Boating Under the Influence (BUI) Enhancements

Trenton’s Law applies identical enhancements to boating under the influence offenses. For Tampa Bay area boaters—including those in Hillsborough, Pinellas, and Pasco counties—this means that BUI arrests now carry the same serious consequences as DUI arrests.

Specifically, the law provides that:

• Refusing breath or urine testing during a BUI investigation is now a criminal offense
• BUI manslaughter with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide is a first-degree felony
• Vessel homicide carries enhanced sentencing points under the Criminal Punishment Code

What Trenton’s Law Means for Tampa Bay Drivers and Boaters

For drivers and boaters across Tampa Bay—including Hillsborough, Pinellas, and Pasco counties—Trenton’s Law significantly raises the stakes in DUI and BUI cases. The changes affect everyone from first-time offenders to those with prior records.

A refusal to blow is no longer just an administrative suspension—it can now lead to a permanent criminal record. Likewise, repeat DUI or BUI offenders face life-altering felony enhancements that can result in decades of prison time.

If you or a loved one is charged under this new law, it is crucial to work with an experienced defense attorney who understands both the criminal trial process and the nuances of Florida’s sentencing guidelines.

Frequently Asked Questions: Trenton’s Law

What is Trenton’s Law in Florida?

Trenton’s Law is a 2025 Florida statute that significantly increases penalties for DUI and BUI offenses. The law criminalizes breath test refusal, enhances penalties for repeat offenders, elevates DUI and BUI manslaughter to first-degree felonies for defendants with prior convictions, and increases sentencing points under Florida’s Criminal Punishment Code. It takes effect October 1, 2025.

Does refusing a breath test now carry criminal charges in Florida?

Yes. Under Trenton’s Law, refusing to submit to a lawful breath or urine test is now a criminal offense. A first refusal is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.

What happens if someone with a prior DUI manslaughter conviction causes another fatal crash?

Under Trenton’s Law, they can now be charged with a first-degree felony, which carries a maximum penalty of 30 years in state prison. This is a dramatic increase from the previous second-degree felony classification, which carried a maximum of 15 years.

Does Trenton’s Law apply to boating under the influence (BUI)?

Yes. The law applies identical enhancements to BUI offenses. Refusing testing during a BUI investigation is now a criminal offense, and BUI manslaughter with a prior conviction is now a first-degree felony. Vessel homicide also receives enhanced sentencing points.

When does Trenton’s Law take effect?

Trenton’s Law takes effect on October 1, 2025. All DUI and BUI arrests occurring on or after this date will be subject to the new enhanced penalties, including criminal charges for refusal.

Should I refuse the breath test under the new law?

This is a complex legal question that depends on your specific circumstances. Under Trenton’s Law, refusal now carries criminal penalties in addition to license suspension—but providing a breath sample can also provide evidence for the prosecution. An experienced DUI attorney can help you understand the strategic considerations based on your individual situation.

What prior convictions trigger the first-degree felony enhancement?

The first-degree felony enhancement applies if the defendant has any prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. Any one of these prior convictions will elevate a new DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide charge to a first-degree felony.

How can a Tampa DUI attorney help with charges under Trenton’s Law?

An experienced Tampa DUI attorney can challenge the legality of the traffic stop, question the administration of field sobriety tests, challenge breath test results, file motions to suppress evidence, negotiate with prosecutors for reduced charges, and advocate for alternative sentencing. Given the enhanced penalties under Trenton’s Law, aggressive defense from the earliest stages is critical.

Related:

• Tampa DUI Lawyer – Full DUI defense services
• Tampa CDL DUI Suspension Attorney – Commercial license defense
• Retrograde Extrapolation: Challenging BAC Evidence in Florida DUI Cases
• Tampa Boating Law 2025 Lucy’s Law