What changed in Florida DUI and boating cases under Trenton’s Law
Trenton’s Law, enacted as Chapter 2025-121 and effective October 1, 2025, increases penalties for certain fatal driving and boating offenses when the defendant has a specified prior conviction. It also changes the criminal penalty for refusing a lawful breath or urine test after a DUI arrest. The details matter: the law does not turn every repeat DUI into a first-degree felony.
Which fatal offenses receive enhanced penalties?
The law raises DUI manslaughter, boating under the influence (BUI) manslaughter, vehicular homicide, or vessel homicide from a second-degree to a first-degree felony when a person has a qualifying prior conviction for one of those fatal offenses. The prior conviction must be the kind specified in the statute. A prior ordinary DUI conviction alone does not trigger this particular enhancement. See Florida Statutes § 316.193(3)(c) and the Florida Senate’s summary of CS/HB 687.
DUI manslaughter already carried a four-year mandatory minimum before Trenton’s Law. The 2025 change concerns the felony degree for a qualifying prior fatal offense; it did not create that four-year minimum. Penalties in any case depend on the charged offense, its elements, prior convictions, and other applicable sentencing provisions.
What changed for refusal of a breath or urine test?
After a lawful DUI arrest, a first refusal to submit to a lawful breath or urine test is now a second-degree misdemeanor. A second or subsequent refusal is a first-degree misdemeanor under the amended § 316.1939. Separate administrative license consequences can also apply. The facts and the governing test request should be reviewed before assuming that the refusal statute applies.
How do ordinary repeat DUI rules differ?
Florida’s ordinary repeat DUI penalties remain in § 316.193. For example, a third DUI committed within 10 years after a prior DUI conviction is a third-degree felony; a third DUI outside that window has different penalties. A fourth or subsequent DUI is a third-degree felony regardless of the timing of prior convictions. These rules should not be confused with Trenton’s Law’s enhancement for a prior fatal driving or boating offense.
What should someone charged examine?
A lawyer may review the stop or arrest, testing procedures and records, the alleged causal connection in an injury or death case, and whether any prior conviction actually meets the enhancement statute. The available defenses and potential outcomes depend on the evidence. No particular result can be promised.
If you are facing a DUI, BUI, refusal, or fatal-crash charge in Florida, seek advice about the precise charge and the law in effect on the date of the alleged offense. For related information, see our discussion of breath-test refusal.
This article provides general information, not legal advice for a specific case.
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