For years, the conventional wisdom was simple: if a police officer asks you to blow, refuse. No breath test, no blood alcohol number, no easy conviction. That calculus changed on October 1, 2025, when Florida’s Trenton’s Law took effect and made a first-time refusal of the evidentiary breath test a criminal misdemeanor. Drivers operating on the old instinct are now walking into two charges instead of one.
We’ve watched how refusal cases are built from both sides of the courtroom. Our attorneys include former prosecutors who know exactly how officers document a refusal and how the State uses that documentation at trial. That perspective matters more now than it did before October 2025, because the framework for prosecuting these cases changed in ways most drivers haven’t absorbed yet.
If you were arrested for DUI in St. Petersburg and refused the breath test, here is what you need to understand about the law, the charges you may be facing, and where the defense opportunities actually exist.
What Trenton’s Law Actually Changed on October 1, 2025
Before October 1, 2025, Florida’s implied consent law, codified at Florida Statute §316.1932, carried a straightforward administrative penalty for a first refusal: a one-year license suspension, no criminal charge. A second or subsequent refusal could be prosecuted as a first-degree misdemeanor under §316.1939, but the first refusal was purely a civil matter. That structure gave drivers a rational, if cynical, reason to refuse.
HB 687, enacted as Chapter 2025-121, rewrote that calculation. A first refusal is now a second-degree misdemeanor carrying up to 60 days in jail, six months of probation, and a $500 fine. A second or subsequent refusal remains a first-degree misdemeanor, with exposure up to 12 months in jail and a $1,000 fine. The administrative one-year suspension still applies on top of the criminal charge.
The law takes its name from Trenton Stewart, an 18-year-old killed in May 2023 by a wrong-way driver traveling 113 mph. That driver had a prior vehicular homicide conviction, but existing sentencing caps constrained his punishment. Trenton’s death drove both the refusal criminalization and a separate felony enhancement for repeat DUI offenders. The legislature’s intent was direct: remove the incentive to refuse by making refusal a crime in its own right.
The Roadside Breath Test vs. the Evidentiary Test: A Critical Distinction
Trenton’s Law doesn’t apply to every breath test encounter. Florida law recognizes two separate instruments, and the distinction between them determines whether you have criminal exposure for refusing.
Portable Breath Test (Roadside)
The portable breath test, sometimes called a PBT, is a handheld screening device offered at the roadside before arrest. Officers use it to establish probable cause for the DUI arrest itself. Florida’s implied consent law doesn’t cover the PBT, which means refusing the roadside screening device doesn’t trigger Trenton’s Law and carries no criminal penalty.
Evidentiary Breath Test (Post-Arrest)
The evidentiary breath test is administered after a lawful DUI arrest, typically on an Intoxilyzer 8000 at the police station or a mobile testing unit. This is the test governed by §316.1932, and the one for which refusal now carries criminal exposure. Because many drivers don’t know which test they refused, or whether the officer’s request came before or after formal arrest, this distinction is often the first issue we examine. Under §316.1939(1)(b), a lawful arrest must precede the test request for the refusal statute to apply at all.
Two Cases, Two Outcomes: How the Dual-Track Structure Works Against You
One of the least understood features of Trenton’s Law is how it interacts with the DUI charge itself. Many drivers assume that beating the DUI makes the refusal charge go away. It doesn’t.
Under §316.1939(2) and (3), the administrative license suspension proceeding and the criminal refusal charge are legally independent tracks. A full acquittal on the DUI at trial leaves the refusal charge intact. A dismissal of the refusal charge doesn’t restore a license lost through the administrative process. The two proceedings run in parallel, governed by different legal standards, and neither controls the outcome of the other.
Prosecutors in the Sixth Judicial Circuit, which serves Pinellas and Pasco Counties, now routinely file both the DUI charge and the refusal charge together. From our experience on the prosecution side, we understand why: the refusal count creates additional leverage in plea negotiations. A defendant facing two charges is in a materially different position than one facing only the DUI, and that dynamic shapes the defense strategy from the first court date forward.
The administrative suspension timeline adds another layer of urgency. The 10-day DHSMV formal review hearing window runs from the date of arrest, not the date of arraignment. Missing that deadline waives the right to contest the license suspension entirely. This is true even if the criminal case is later dismissed or reduced.
Where Trenton’s Law Creates Defense Openings
Raising the stakes of a refusal also raised the stakes for procedural compliance by law enforcement. The statute’s requirements are elements of the offense, not background conditions, and each one is a potential pressure point.
The Implied Consent Warning Itself
Under §316.1939(1)(d), the officer must inform the driver that refusal is now a criminal misdemeanor. That warning is an element of the offense, not a formality. Officers across Florida have been working from implied consent cards that predate the October 1, 2025 effective date. If the officer used an outdated card, paraphrased the warning, omitted the criminal misdemeanor language, or delivered the warning after the refusal had already occurred, the criminal refusal charge may be vulnerable to a motion to suppress.
The Lawfulness of the Stop & Arrest
The refusal statute requires a lawful traffic stop and a lawful DUI arrest supported by probable cause. If either fails, the entire refusal charge can be suppressed. This is why the quality of the officer’s documentation matters as much as what the driver did. We know how officers are trained to write these reports and where the gaps tend to appear.
Body Camera & Dashcam Footage
The sequence and exact wording of the implied consent warning are often captured on body camera or dashcam footage, and that footage is frequently the decisive evidence in a suppression hearing. Requesting it promptly is critical because storage retention periods vary and footage can be overwritten. In cases processed through the Pinellas County Justice Center in Clearwater, where St. Petersburg DUI misdemeanors are now heard following the closure of the South County Traffic Court facility, obtaining that footage early protects the ability to challenge the officer’s account of what was said and when.
What to Do Immediately After a DUI Arrest Involving a Refusal
The decisions made in the first 10 days after a DUI arrest have consequences that outlast the criminal case itself. These are the steps that matter most.
- Request the DHSMV formal review hearing within 10 days. This deadline runs from the arrest date and can’t be extended. Missing it permanently waives the right to contest the administrative license suspension, regardless of what happens in criminal court. A hardship license, which allows driving for work or essential purposes during the suspension, may also depend on requesting this hearing.
- Don’t discuss either charge without an attorney present. Both the DUI and the refusal are live criminal matters from the moment of arrest. Anything said to law enforcement or prosecutors can be used in either proceeding.
- Preserve every piece of available evidence. Dashcam footage, body camera footage, witness contact information, and documentation of the traffic stop are all potentially relevant. The window to secure that evidence closes faster than most people expect.
- Contact a DUI defense attorney before making any decisions. The dual-charge structure created by Trenton’s Law means the strategy for one charge affects the other. Addressing them in isolation is a mistake.
Trenton’s Law raised the stakes of refusing a breath test, but it didn’t eliminate the defenses available to someone who did. The implied consent warning requirements, the lawfulness of the stop and arrest, and the procedural sequence an officer must follow are all points of challenge that a prepared defense can develop. Our attorneys at Plotnick Law Offices bring over 35 years of combined experience, including time spent prosecuting these cases, and we represent clients facing DUI and refusal charges across St. Petersburg and Pinellas County. If you’re facing charges under Trenton’s Law, contact us or call (727) 619-1827 to talk through your situation.