Legally Reviewed by Attorney Simon Wiseman on September 22, 2026
One traffic stop just became two criminal cases. As of October 1, 2025, Florida made it a crime to refuse a breathalyzer or urine test during a DUI arrest, meaning drivers now face a separate criminal charge on top of any underlying DUI charge. This is one of the most significant changes to Florida DUI law in decades, and it has caught many drivers completely off guard.
If you or someone you know is facing charges under this new law, the time to act is now. At Wiseman Law, Attorney Simon Wiseman brings more than 25 years of criminal defense experience to every case, including the insight of a former Orange County prosecutor who knows how these cases are built and how to challenge them.
What Changed Under the New Law
Florida has long operated under DUI laws built on an implied consent framework, which holds that any driver on a public road has already agreed to submit to chemical testing if lawfully arrested. Before October 2025, refusing a breath or urine test for the first time triggered only an administrative penalty: a one-year license suspension through the Department of Highway Safety and Motor Vehicles. A second refusal could be prosecuted criminally, but a first refusal carried no criminal exposure.
That changed with the passage of House Bill 687, known as “Trenton’s Law.” The law amended Florida Statute § 316.1939 to treat a first-time refusal of a breathalyzer or urine test as a standalone criminal offense, completely separate from the DUI charge itself. Lawmakers pushed the change to close what many viewed as a loophole, since drivers who refused to take a test could sometimes avoid the chemical evidence needed to prove impairment.
The Penalties You Now Face
Under the updated statute, a driver who refuses to submit after a lawful DUI arrest faces criminal penalties and administrative consequences that run at the same time. Here is how the charges break down:
- First refusal: a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine
- Second or subsequent refusal: a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine
- Administrative suspension: one year for a first refusal, 18 months for a second, regardless of the criminal outcome
These penalties apply in addition to, not instead of, any misdemeanor charges tied to the DUI itself. A driver who refuses could walk away from a single stop facing at least two separate criminal charges and a suspended license at the same time.
Why Refusal Is No Longer a Safe Strategy
For years, some drivers assumed that refusing a breath or blood test was the smarter move, cutting off the State of Florida’s access to chemical evidence. That calculation no longer holds. Under the new law, the refusal itself becomes usable evidence in court. Prosecutors can present it as an indication the driver was trying to conceal impairment, a concept attorneys refer to as “consciousness of guilt.” Refusing now risks handing the State both a new criminal charge and a piece of evidence to use in the underlying DUI case.
Officers are also now required to inform drivers before the test that refusal carries criminal penalties. If an officer fails to deliver that warning correctly, it creates an opportunity for a defense. That warning requirement adds a procedural layer that experienced defense attorneys know how to scrutinize.
How Refusal Charges Interact With the Underlying DUI
Because a refusal charge and a DUI charge arise from the same stop but are prosecuted as separate offenses, the strategy for one can directly affect the other. A successful challenge to the traffic stop itself, for example, can undermine both charges at once, since neither the DUI investigation nor the refusal request would have been lawful without a valid basis for the stop. This is also why first-time offenders should understand how the broader DUI process works. Our guide to how Florida handles first-time DUI offenders covers the stages of a typical case, and professionals with a state-issued license should also review how a conviction can affect a professional license in Florida.
Defenses That May Apply to Your Case
Facing a breathalyzer refusal charge does not mean a conviction is inevitable. A successful defense may focus on whether there was valid probable cause for the traffic stop or the arrest. Attorneys can also examine whether the officer provided the required warnings about both the administrative and criminal consequences of refusal before requesting the test.
If a driver had a medical condition that prevented compliance, that may distinguish the situation from a willful refusal under the statute. In some situations, DUI pre-trial diversion may also be available, and early legal intervention can open doors that close quickly without experienced counsel.
Frequently Asked Questions About Florida’s Breathalyzer Refusal Law
Does Trenton’s Law apply to arrests that happened before October 1, 2025?
No. The criminal refusal charge created by Trenton’s Law applies to refusals that occurred on or after October 1, 2025, when the law took effect. A refusal before that date would generally still be handled as an administrative license suspension rather than a separate criminal charge.
Can I be charged with refusal even if I am found not guilty of the underlying DUI?
Yes. The refusal charge is a separate criminal offense from the DUI itself, so it is possible to be convicted of refusal even if the underlying DUI charge is reduced, dismissed, or results in a not-guilty verdict, since each charge is evaluated on its own elements.
What is the difference between the criminal and administrative penalties for refusal?
The criminal penalty is a misdemeanor charge carrying potential jail time and fines, prosecuted in criminal court. The administrative penalty is a license suspension handled through the Department of Highway Safety and Motor Vehicles. Both can apply to the same refusal at the same time.
Does the officer have to warn me that refusal is now a crime?
Yes. Officers are required to inform drivers of both the administrative and criminal consequences of refusal before requesting a breath or urine test. A failure to deliver this warning correctly can potentially be raised as part of a defense to the refusal charge.
Can a medical condition be a defense to a breathalyzer refusal charge?
It can potentially be relevant. If a documented medical condition prevented you from physically completing a breath or urine test, that may distinguish your situation from a willful refusal under the statute, though this depends heavily on the specific facts and medical documentation available.
Contact Wiseman Law for an Aggressive Defense
Florida’s new breathalyzer refusal law has fundamentally changed the stakes of a DUI stop, and the window to protect your rights closes fast. Every day without legal representation is a day the prosecution has to build its case against you.
Attorney Simon Wiseman built his career prosecuting cases in Orange County before spending over two decades defending clients against charges just like these. He knows the law, the courtroom, and what it takes to fight back. If you are facing a breathalyzer refusal charge or a DUI in Central Florida, contact Wiseman Law today to discuss your options.
About the Attorney
Founding Attorney, Wiseman Law
Simon Wiseman is a former Orange County prosecutor with more than 26 years of trial-tested experience in Florida criminal defense and personal injury law. He has tried over one hundred jury and non-jury trials and built Wiseman Law around aggressive, detail-driven representation for clients across Central Florida.