Arrested for DUI in Florida? 4 Critical Changes Under "Trenton’s Law" You Need to Know

Written By Danielle Guerrero

A DUI arrest in Florida has always been serious, but as of October 1, 2025, the stakes have reached a new high. With the passage of Trenton’s Law, Florida has moved to some of the strictest DUI enforcement standards in the country.

If you’ve been pulled over in Miami or anywhere in Florida, you aren't just fighting a traffic ticket—you’re fighting for your freedom. At the Law Offices of Danielle Guerrero, PLLC, our "Dani Defends" approach is built on staying ahead of these legislative shifts to protect your future.

1. Refusing a Breath Test is Now a Crime (First Offense)

Historically, refusing a breath, blood, or urine test for the first time was a civil infraction resulting in a license suspension. That is no longer the case. * The Change: Under Trenton’s Law, a first-time refusal is now a second-degree misdemeanor.

  • The Penalty: You can face up to 60 days in jail or up to 6 months probation and a $500 fine just for the refusal itself, in addition to your underlying DUI charge.

2. Enhanced Penalties for Repeat Offenders

Florida has doubled down on repeat offenders, particularly those involved in accidents.

  • DUI Manslaughter: A second conviction for DUI manslaughter is now a first-degree felony, carrying a maximum sentence of 30 years in prison—double the previous limit of 15 years.

  • Permanent Revocation: Judges now have the discretionary power to permanently revoke a driver’s license for those convicted of vehicular homicide or manslaughter.

3. You Only Have 10 Days to Save Your License

Regardless of the new criminal penalties, the "10-Day Rule" still applies. From the moment of your arrest, you have exactly 10 days to request a formal review hearing with the DHSMV. If you miss this window, your license will be automatically suspended. Danielle Guerrero can handle this administrative filing immediately to keep you on the road while we fight the criminal charges.

4. The "Implied Consent" Warning Has Changed

Because refusal is now a crime, police officers must read an updated "Implied Consent" warning. If the officer failed to inform you that refusal is a criminal offense, or if the warning was read incorrectly, this may be grounds to suppress evidence in your case.

Why "Dani Defends" is Your Best Move

DUI cases are won and lost on the details—the calibration of the Breathalyzer, the legality of the initial traffic stop, and the accuracy of the officer’s testimony. Danielle Guerrero brings an aggressive, meticulous defense to every case, ensuring that your rights aren't trampled by the new, harsher statutes.

Don’t let a mistake define the rest of your life. Contact Danielle Guerrero, PLLC at 305-587-7947 or visit danidefends.com for a confidential consultation.

Disclaimer: The information provided on this website is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this content. The Law Offices of Danielle Guerrero, PLLC is located in Ft Lauderdale, FL.

Danielle Guerrero