Florida’s New DUI Laws in 2025–2026: What Every Driver Must Know

Updated February 2026

Florida has dramatically revised its DUI (Driving Under the Influence) laws with one of the most significant changes in decades. These updates impact how law enforcement handles impaired driving investigations, the penalties you may face if charged, and how your case should be defended. At CD Law Pro, P.A., we believe it’s crucial that Floridians understand their rights and the legal risks that come with a DUI arrest — especially in light of these new laws.

1. Trenton’s Law: A New Era of DUI Enforcement (Effective October 1, 2025)

One of the most consequential statutory changes took effect on October 1, 2025, with the passage of House Bill 687, commonly known as Trenton’s Law. This law represents a shift toward broader criminal penalties in DUI cases — particularly regarding refusal of chemical testing and repeat DUI manslaughter offenses.

• Criminalizing First-Time Test Refusal

Under Florida’s implied consent law (Fla. Stat. § 316.1932):

• If you are lawfully arrested for DUI, you are deemed to have consented to a breath, urine, or blood test.

• Under the new law, even a first refusal to take a breath or urine test is a criminal offense — specifically a second-degree misdemeanor, punishable by up to 60 days in jail, a $500 fine, and the standard one-year driver’s license suspension.

  
  

Previously, a first refusal carried only administrative penalties (license suspension) with no criminal charge. Now, prosecutors can — and will — pursue criminal charges in addition to the DUI charge itself.

A second or subsequent refusal remains a first-degree misdemeanor, with the potential for up to one year in jail, fines up to $1,000, and an 18-month license suspension.

This change significantly increases the stakes for drivers who are arrested for DUI and refuse testing. The refusal becomes a separate criminal prosecution, with a lasting record that can affect employment, immigration status, and more.

• Enhanced Penalties for DUI Manslaughter and Repeat Offenses

Under Trenton’s Law:

• A repeat DUI manslaughter or vehicular homicide conviction — such as when a prior DUI death conviction exists — is now classified as a first-degree felony with a potential prison sentence of up to 30 years.

• Prior to this change, such a conviction was a second-degree felony, punishable by significantly less time.

  
  

These enhanced penalties underscore Florida’s intent to impose harsher consequences on drivers who repeatedly put others’ lives at risk.

2. Standard DUI Penalties Still Apply and Have Expanded Consequences

Even outside Trenton’s Law, the core DUI statute — Fla. Stat. § 316.193 — continues to impose escalating penalties for DUI convictions:

• Fines, license suspensions, and possible jail time for first and second offenses.

• For third DUIs within 10 years, the offense is a third-degree felony with potential prison time, mandatory ignition interlock installation, hefty fines, and long license revocations. (The Florida Senate)

  
  

These basic statutory penalties remain in force, and Trenton’s Law overlays an additional layer of criminal exposure, especially when implied consent is triggered.

In addition, courts often impose ignition interlock device (IID) requirements — sometimes for **years — at the convicted driver’s sole expense — even after a first offense. (The Florida Senate)

3. Why These Changes Matter: Increased Criminal Exposure

Florida’s new DUI penalties are not merely administrative tweaks — they expand criminal exposure at the earliest stages of a DUI stop:

• Pre-Conviction Risks Are Higher

• The decision to submit or refuse testing now carries criminal consequences.

• In many cases, officers must explicitly warn drivers that refusal is a crime — not just a license suspension.

  
  

• Prosecutors’ Leverage Has Increased

Because refusal can now be prosecuted, prosecutors may use:

• Evidence of refusal as consciousness of guilt,

• Charges for refusal alongside the DUI itself, and

• The threat of additional jail time to encourage pleas.

  
  

• Long-Term Consequences Are Real

A conviction — even for a misdemeanor refusal — can be:

• A matter of permanent public record,

• A barrier to employment or professional licensing, and

• A factor in future criminal or immigration proceedings.

  
  

4. You Need a Skilled DUI Defense Attorney Now More Than Ever

In this new legal environment, a DUI stop is no longer just a traffic matter — it’s a potential criminal prosecution with far-reaching consequences.

At CD Law Pro, P.A., we:

• Assess whether law enforcement had lawful grounds for the stop and arrest,

• Challenge faulty or coerced testing procedures,

• Analyze whether implied consent warnings were properly provided,

• Craft defenses to both the DUI and refusal charges, and

• Work toward the best possible outcome for your unique situation.

  
  

Whether you’re facing a first-time DUI or more serious charges involving refusal or manslaughter enhancements, don’t navigate this complex and rapidly changing area of law alone.

Contact CD Law Pro, P.A. for a Confidential Strategy Session

If you or a loved one has been arrested for DUI — or if you have questions about your rights and defenses under Florida’s new laws — call/text

our office today at 305-588-6646. Early involvement of an experienced criminal defense attorney can protect your rights, your freedom, and your future.

Disclaimer: This blog provides general legal information and should not be construed as legal advice. Laws and procedures change over time and vary based on individual circumstances.