Refusing Used to Be a License Problem. Now It Is a Crime.
Before October 1, 2025, a Florida driver who refused a first breath or urine test faced a one-year license suspension and nothing more on the criminal side. Only a second refusal was a crime. Trenton’s Law, House Bill 687, Chapter 2025-121, changed that. It amended section 316.1939 so that even a first refusal of a lawful breath or urine test, after a lawful DUI arrest, is now a second-degree misdemeanor. The law is named for Trenton Stewart, a teenager killed by a repeat impaired driver, and the legislature passed it to close what it saw as a loophole that let drivers dodge both the test and the criminal case.
What You Can Be Charged With
The grade of the offense turns on whether you have refused before. A first refusal is a second-degree misdemeanor. A second or subsequent refusal, or a refusal by someone whose license has already been suspended for a prior refusal, is a first-degree misdemeanor. Both carry jail and fines under sections 775.082 and 775.083, and both sit on top of the administrative license suspension, not in place of it.
| First refusal | Second or subsequent refusal | |
|---|---|---|
| Criminal grade | Second-degree misdemeanor | First-degree misdemeanor |
| Maximum jail | Up to 60 days | Up to 12 months |
| Maximum fine | Up to $500 | Up to $1,000 |
| License suspension | One year | Eighteen months |
Penalties are the statutory maximums under sections 775.082 and 775.083 and apply on top of the DUI itself.
The Refusal Charge Is Separate From the DUI
This is the trap in the new law. A driver arrested for DUI who refuses now faces at least two criminal charges from one stop: the DUI under section 316.193 and the refusal under section 316.1939. If that driver was also on a suspended license, a third charge can follow. Each one is its own case with its own penalties, and the State can pursue the refusal charge even if the DUI is reduced or dropped. We build a separate defense to each charge and fight to keep them from stacking.
Blood Is on a Different Track
Trenton’s Law speaks to breath and urine refusals. Blood is governed by section 316.1933, the serious-injury and death statute, where officers can often secure a warrant and draw blood regardless of consent. So the criminal refusal charge under section 316.1939 is built around the breath or urine test that follows a typical impairment arrest, while a blood case in a crash with injuries follows its own set of rules.
What the State Still Has to Prove
A tougher statute does not relieve the State of its burden. To convict, the prosecutor has to show the arrest was lawful, that a lawful test was requested, that you were properly advised of the consequences of refusing, and that you in fact refused. For the first-degree version, the State also has to prove the prior refusal or prior suspension that elevates the charge. Each of those is a place a refusal charge can come apart, which is why the arrest, the warning, and the conduct the officer called a refusal all get examined closely. The defenses page walks through how.
Related: The refusal license suspension, Defenses to a refusal, DUI penalties, and Implied consent and refusal.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. A refusal case runs on two tracks at once, your driving privilege and a separate criminal charge, and I fight both, demanding the formal review hearing and testing whether the stop, the arrest, and the implied consent warning hold up. Learn more about my background.
Common Questions
Is refusing a breath test a crime in Florida?
Since October 1, 2025, yes. Under Trenton's Law, a first refusal of a lawful breath or urine test after a DUI arrest is a second-degree misdemeanor, and a second or later refusal is a first-degree misdemeanor. Before that date, only a second refusal was a crime.
How much jail time can a refusal carry?
A first refusal, as a second-degree misdemeanor, carries up to 60 days in jail and a fine of up to $500. A second or subsequent refusal, as a first-degree misdemeanor, carries up to 12 months in jail and a fine of up to $1,000. These are separate from any DUI penalty.
Is the refusal charge separate from the DUI?
Yes. A refusal after a DUI arrest creates an independent criminal charge under section 316.1939, on top of the DUI under section 316.193 and on top of the administrative license suspension. One traffic stop can produce two or more separate charges.
Does Trenton's Law apply to blood tests?
The criminal refusal charge is built around lawful breath or urine tests. Blood is handled under section 316.1933 in serious-injury and death cases, where officers can often obtain a warrant to draw blood regardless of whether the driver consents.
Can I beat a refusal charge?
Often there is a real defense. The State must prove the arrest was lawful, that you were properly warned, and that you refused, and for the enhanced charge it must prove the prior refusal or suspension. A bad stop, a missing or wrong warning, or an unclear refusal can each undercut the charge.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida’s implied consent law is section 316.1932, Florida Statutes; the criminal refusal offense is section 316.1939; blood testing in serious-injury and death cases is governed by section 316.1933; the impairment presumptions are in section 316.1934; and the administrative suspension process is in sections 322.2615 and 322.2616. Trenton’s Law (House Bill 687, Chapter 2025-121, Laws of Florida) took effect October 1, 2025, and these rules continue to change, so confirm current requirements with an attorney. Every case turns on its own facts, and past results do not guarantee a similar outcome.
