I’ve had a version of this conversation more times than I can count over the years:
“I got pulled over. I refused the breath test. I figured that was the safer move.”
For a long time, that instinct wasn’t unreasonable. Refusing a breath, blood, or urine test after a DUI stop in Florida used to mean an administrative license suspension — a DMV problem, not a criminal one. As of October 1, 2025, that changed.
The new law is officially House Bill 687, but most people know it as Trenton’s Law, named for Trenton Stewart, a young Stetson University football player killed by a drunk driver in Jacksonville. It’s one of the more significant changes to Florida’s DUI framework in years, and if you’re a driver — or you’re the parent of one, or you’re already navigating an FR-44 filing — it’s worth understanding in plain terms.
What Actually Changed
Before this law, a first refusal to take a breath or urine test meant a license suspension and nothing more. Refuse a second time, and you were looking at criminal penalties. That gap is gone now.
Under Trenton’s Law:
- A first refusal is now a second-degree misdemeanor, on top of the license suspension that already applied.
- A second or later refusal carries stiffer criminal penalties than before.
- Officers are now required to tell you, at the time of the stop, that refusing the test can lead to criminal charges — not just a suspension.
- The law also raises the ceiling dramatically for repeat DUI manslaughter cases involving a prior conviction for DUI manslaughter, vehicular homicide, or vessel homicide — up to a first-degree felony with a maximum of 30 years, roughly double what it was before.
None of this changes what happens if you’re convicted of DUI itself. What it changes is the calculation around refusing the test in the first place, and it raises the stakes for repeat offenders in the worst kinds of cases.
I’m not a criminal attorney, and if you’re facing a DUI charge or trying to decide how to handle a stop, that’s a conversation for a good DUI defense lawyer — not your insurance agent. What I can speak to is what happens after, because that’s where I live every day.
Where This Intersects With What I Do
However a DUI case resolves, the insurance side of it doesn’t go away on its own. If a conviction leads to a license suspension, reinstating that license in Florida almost always means carrying an FR-44 — a state-mandated filing that requires much higher liability limits, held continuously, for a set compliance period.
I’ve written before about why FR-44 isn’t really a policy so much as an ongoing compliance requirement, and that hasn’t changed with this new law. What has changed is that more of the pathway leading up to that point now carries criminal exposure that didn’t exist before. A refusal that used to be a DMV matter can now follow someone into criminal court, and depending on how that plays out, it can still end in the same place — a suspended license and an FR-44 requirement to get it back.
If you’re already partway through an FR-44 period, none of this changes your situation, and it’s worth remembering that FR-44 is really about how long you carry it, not just the three-year rule on paper. If you’re a parent of a new driver, or you know someone who’s about to be in that position, it’s worth knowing the ground shifted under a decision a lot of people used to make on autopilot.
What I’d Tell a Client
If you or someone in your family is dealing with a DUI stop or arrest, the first call belongs to a criminal defense attorney — that part of this is genuinely outside what I do, and I’d never pretend otherwise.
Once the insurance piece becomes relevant — a suspension, a reinstatement, an FR-44 filing — that’s where I can actually help. I’ve walked hundreds of Florida drivers through exactly that process, including what I tell clients on the day their FR-44 policy actually starts, and I’d rather have that conversation with you before you’re standing at the DMV than after.
If you want to understand where you’d stand, or you’re already sorting through an FR-44 situation, I’m easy to reach.
About The Author
Written by Clifford Schimek — Florida Auto & FR-44 Insurance Expert
Laws like this one are a good reminder of why I tell every FR-44 client the same thing: the insurance side of a DUI rarely starts and ends with buying a policy — it’s a process, and it pays to understand it before you’re standing at the DMV. If you ever need help or just want a straight answer, you can always call or text me directly.
Clifford Schimek – Florida Auto & FR-44 Insurance Expert Call or text: 305-796-2968
Learn More About Cliff
Why Clifford Schimek? – The case for working with me
Florida Auto Plus Insurance – Agency website
Florida FR-44 Information and Guidance – For Florida drivers who need an FR-44 filing
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