New DUI Law - Trenton's Law

As of October 1, 2025, Florida implemented one of the most significant changes

to DUI law in recent memory. House Bill 687, known as “Trenton’s Law,”

introduces substantially harsher penalties for repeat DUI offenders and

fundamentally changes how breath test refusals are prosecuted. If you’re facing

DUI charges in Broward County, Palm Beach County, or anywhere in South

Florida, understanding these changes isn’t optional—it could determine the

trajectory of your entire case.

This new law dramatically increases the stakes for anyone charged with DUI in

Florida.

The Tragedy Behind Trenton’s Law

This legislation is named after Trenton Stewart, an 18-year-old Stetson University

football player who was killed in 2023 when a wrong-way driver, traveling over

100 miles per hour while impaired, struck him head-on in Jacksonville. Trenton

was home visiting family. He had his entire life ahead of him.

What made this case particularly disturbing was that the driver, Ariel

Monteagudo, had already killed a 15-year-old in a reckless driving incident back

in 2001 and had served 10 years in prison. Despite this prior conviction for killing

someone while driving recklessly, he received only 12 years for Trenton’s death

because the enhanced penalties in the new law weren’t yet in effect.

Trenton’s mother, Mandi Stewart, along with Mothers Against Drunk Driving

(MADD), fought to ensure that repeat offenders would face consequences that

actually reflect the gravity of taking another life. The result is legislation that

closes what many saw as a dangerous loophole in Florida’s sentencing structure.

What Changed on October 1, 2025: The Three Major Shifts

1. Dramatically Enhanced Penalties for Second DUI Manslaughter

Convictions

This is the centerpiece of Trenton’s Law. A second conviction for vehicular

manslaughter or DUI manslaughter is now classified as a first-degree felony,

increasing the maximum prison sentence from 15 years to 30 years.

Let me break down what this means in practice:

Before October 1, 2025:

• First DUI manslaughter conviction: Second-degree felony, up to 15 years

• Second DUI manslaughter conviction: Still a second-degree felony, up to

15 years

After October 1, 2025:

• First DUI manslaughter conviction: Second-degree felony, up to 15 years

(unchanged)

• Second DUI manslaughter conviction: First-degree felony, up to 30 years

The message from the legislature is clear: if you’ve already killed someone while

driving impaired and you do it again, Florida will treat you as one of the most

dangerous offenders in the criminal justice system. A first-degree felony is the

same classification as murder, armed robbery, and other violent crimes.

2. Permanent License Revocation Authority

Judges now have the discretionary authority to permanently revoke the driver’s

license of someone convicted of vehicular homicide. Previously, even in fatal DUI

cases, there were pathways to eventually regain driving privileges. That’s no

longer guaranteed.

This change recognizes that some individuals have proven through their actions

that they cannot be trusted behind the wheel—ever. If you’re convicted of DUI

manslaughter, the judge now has the power to ensure you never legally drive

again in Florida.

3. Another major change is that a first refusal to take a breath test is now a crime.

1. Criminalizing Breath Test Refusal

This change affects far more people than the enhanced manslaughter penalties,

and it’s something every driver in Florida needs to understand.

First Refusal:

• Previously a civil infraction, refusing a breath, blood, or urine test during

your first DUI arrest is now a second-degree misdemeanor

• Criminal offense carrying up to 60 days in jail and a $500 fine

• Automatic one-year license suspension

Second Refusal:

• Now classified as a first-degree misdemeanor with an 18-month license

suspension

• Up to one year in jail and a $1,000 fine

• Creates a permanent criminal record

Before this law, many DUI attorneys—myself included—would sometimes advise

clients that refusing the breath test carried only administrative penalties (license

suspension) but no criminal consequences for a first refusal. That calculation has

fundamentally changed.

What This Means If You’re Arrested for DUI in Broward County or Palm Beach

County

The Implied Consent Warning Has Changed

When you’re arrested for DUI in Florida, law enforcement must read you what’s

called the “implied consent warning.” This advises you of the consequences of

refusing a breath, blood, or urine test. Under the new law, officers must now

inform you that refusing the test is a criminal offense—not just an administrative

penalty.

If the officer fails to properly advise you of these updated consequences, that

could be grounds for suppressing evidence or challenging the refusal charge.

This is exactly the kind of detail that experienced DUI defense attorneys look for.

The Defense Strategy Calculation Has Changed

In my practice defending DUI cases throughout Broward County, Palm Beach

County, Dade County and Hendry County, the question of whether to submit to

chemical testing has always been complex. There’s no one-size-fits-all answer,

but the new criminal penalties for refusal shift the risk-benefit analysis

significantly. Before Trenton’s Law, we could often work with administrative license

suspensions through hardship licenses and other mechanisms without the client

facing criminal charges for the refusal itself. Now, that refusal creates an

independent criminal case with its own set of consequences.

Prosecutors Have More Leverage

Let’s be direct about something: prosecutors now have additional leverage in DUI

cases. A breath test refusal that was once a civil matter is now a separate

criminal charge, they can use in plea negotiations. This is why having an

experienced Broward County and West Palm Beach DUI attorney who

understands both the old and new frameworks is more critical than ever.

How Alan S. Bernstein P.A. Defends DUI Cases Under the New Law

Our approach to DUI defense hasn’t changed in principle, but the tactical

considerations under Trenton’s Law require even more careful analysis. Here’s

what we focus on:

Challenging the Initial Stop

The foundation of every DUI case is the traffic stop itself. If the officer lacked

reasonable suspicion to pull you over, everything that follows—including any

refusal to submit to testing—can potentially be suppressed. We examine

dashcam footage, witness statements, and the officer’s justification line by line.

Scrutinizing the Arrest Procedures

Did the officer properly advise you of your rights under the updated implied

consent law? Was the arrest based on probable cause? Were field sobriety tests

administered correctly? These procedural questions can make or break a case,

especially now that refusal carries criminal penalties.

Analyzing the Evidence

If you did submit to testing, we examine every aspect of the breath test

machine’s calibration, maintenance records, and the officer’s training in

administering the test. Blood tests open up even more avenues for challenge,

(probably the most)from chain of custody issues to laboratory procedures.

Protecting Your Record and Your Future

With the stakes higher than ever, our goal is straightforward: we fight to get

charges reduced, dismissed, or to secure an acquittal at trial. We’ve taken over

numerous cases to jury trial through verdict because we know that sometimes

the only way to protect our clients is to make the state prove every element of

their case beyond a reasonable doubt.

Common Questions About Trenton’s Law and DUI Charges in Florida

Does the enhanced 30-year penalty for second DUI

manslaughter apply if my first conviction was for a different

offense?

The law specifically targets repeat offenders who have prior convictions for DUI

manslaughter, vehicular homicide, or vessel homicide (BUI manslaughter). The

enhancement requires a prior conviction for these specific offenses.

What if I have a prior DUI conviction but not a DUI

manslaughter conviction?

A prior simple DUI conviction does not trigger the enhanced 30-year sentencing

under Trenton’s Law. The enhancement applies specifically to second

convictions for offenses resulting in death (DUI manslaughter, vehicular

homicide).

Can I still get a hardship license if I refuse the breath test?

License suspension following a breath test refusal can make you eligible for a

hardship license after a certain waiting period, but the process is more

complicated than for a simple DUI. For a first refusal (now a criminal offense),

you face a one-year hard suspension before becoming eligible for a hardship

license.

If I’m arrested for DUI, should I refuse or submit to the breath

test?

This is the question I get most often, and I cannot give a universal answer in a

letter. The decision depends on numerous factors specific to your situation:

whether you’ve had anything to drink, whether you have prior DUI arrests,

whether you’re on probation, your tolerance level, and many other

considerations.

What I can tell you is this: you have the right to speak with an attorney before

making this decision, and you should exercise that right. Call us immediately at

the number below. We’re available 24/7 specifically for these urgent situations.

Does Trenton’s Law apply to boating under the influence

(BUI) cases?

Yes. The enhanced penalties apply to both DUI and BUI (boating under the

influence) manslaughter, as well as vessel homicide. Florida treats impaired

operation of boats with the same seriousness as impaired driving.

Can a judge be required to impose the permanent license

revocation?

No. The law gives judges the discretionary authority to permanently revoke

licenses—it’s not mandatory. However, in cases involving death, particularly

where there are aggravating factors or prior convictions, permanent revocation

becomes much more likely.

Why Experience Matters More Than Ever Under Trenton’s Law

I have spent over thirty years as a criminal defense lawyer. I know how the State

Attorney’s Office thinks, how they build cases, and where their vulnerabilities lie.

Under Trenton’s Law, with enhanced penalties and new criminal exposure for

breath test refusal, there’s simply no room for inexperienced representation. The

prosecutor on the other side understands these new penalties and will use them

as leverage. You need someone who understands the law just as well—and who

knows how to fight back.

What sets our firm apart is that we have been practicing criminal defense with an

emphasis on DUI defense for over thirty years. We know the system inside and

out. And we use that knowledge exclusively to defend people accused of crimes.

If You’ve Been Arrested for DUI in Broward or Palm Beach

County - The hours immediately after a DUI arrest are critical. Evidence can be lost,

memories fade, and witnesses become harder to locate. Meanwhile, the

prosecution is already building their case against you.

Here’s what you should do:

1. Don’t talk to law enforcement without an attorney present. You have

the right to remain silent. Use it.

2. Request a formal review hearing for your license within 10 days. This

is separate from your criminal case but equally important. Missing this deadline

can result in automatic suspension.

3. Contact an experienced Broward County/West Palm Beach DUI

defense attorney immediately. Don’t wait to “see what happens.” What

happens is that your case gets harder to defend with each passing day.

4. Don’t post about your case on social media. Anything you say can and

will be used against you. Prosecutors regularly review defendants’ social media

accounts.

5. Preserve any evidence you have. If you have receipts showing what and

how much you drank, if you have witnesses who were with you, if you have

medical conditions that could affect field sobriety tests—document everything

and tell your attorney.

Our Commitment to Our Clients

We like to say we’re the last people you want to meet but the first people you

want to hire. Nobody plans to need a criminal defense lawyer. But when you do,

you need someone who will fight for you with everything they have.

We’re client-driven, which means your life and your future come before all else.

We fight, scratch, and claw to ensure that our clients’ lives aren’t changed for the

worst. And under Trenton’s Law, with penalties more severe than ever, that

commitment matters more than it ever has.

We’re available 24 hours a day, 7 days a week, because DUI arrests don’t

happen on a convenient schedule. When you call us, you’ll speak with an

attorney—not a receptionist, not an intake coordinator. An actual lawyer who can

start working on your case immediately.

The Bottom Line on Trenton’s Law

Florida has sent an unmistakable message with this legislation: repeat DUI

offenders who kill will face penalties commensurate with the gravity of their

actions. The law reflects a growing recognition that impaired driving deaths are

not accidents—they’re preventable tragedies caused by conscious choices.

For anyone facing DUI charges in Broward, Palm Beach, or anywhere in South

Florida, understanding these changes is the first step toward protecting your

rights and your future.

The legal landscape has shifted. Make sure your defense shifts with it.

CALL ALAN S. BERNSTEIN P.A. DURING THE DAY AT (954) 925-3111 AND

AFTER HOURS AT (954) 347-1000

If you would like to know more about Trenton's law and DUI Law click this link to visit DUIFloridaPro.com