SARASOTA, Fla. — Beginning October 1, refusing to submit to a breath or urine test after a DUI arrest in Florida will now be considered a second-degree misdemeanor, carrying a one-year license suspension.
For drivers with a prior license suspension for refusing a test, a second refusal will escalate to a first-degree misdemeanor with an 18-month license suspension.
“The bottom line is this, it is already too late when that decision must be made,” said Florida Highway Patrol spokesman Kenn Watson. “Do you have the right to not give a breath test or urine? Of course you do, but you have now placed yourself in a position you don’t want to be in.”
DUI arrests remain common in the region. Sarasota County saw 1,293 DUI citations in 2024, up from 1,645 in 2023. Manatee County reported 1,098 DUI arrests in 2024, compared with 915 the previous year.
The new penalties are part of Trenton’s Law, passed after 18-year-old Trenton Stewart was killed by a wrong-way driver with a prior history of vehicular homicide. The legislation increases penalties for repeat DUI offenders and those whose actions result in injury or death.
Under the law, repeat DUI manslaughter and vehicular homicide convictions now carry a maximum first-degree felony sentence of 30 years, up from the previous 15 years for second-time offenses.
Watson emphasized, “Not only can this be an extremely expensive event for someone, it’s embarrassing. You’re having your vehicle towed and you’re losing your freedom. More importantly, you can take the life of someone else because you simply made a bad decision.”
While drivers still retain the right to refuse a breath or urine test, under Trenton’s Law, doing so is now a criminal offense—even for first-time refusals—strengthening penalties for repeat DUI and BUI offenses.
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