Refusing a Breathalyzer Now a Crime in Florida

Florida just passed Trenton’s Law (HB 687), and it changes the rules for DUI stops in a big way. This law centers on two main changes that Panhandle beachgoers you should be aware about.


Refusing a Breathalyzer = Criminal Charge

Before: If you refused the breath test, you faced an automatic driver’s license suspension. That was it.

Now: A first refusal is a crime.

  • It’s a second-degree misdemeanor
  • Punishable by up to 60 days in jail
  • And up to a $500 fine

This means saying “no” to the breathalyzer no longer just costs your license—it can land you in jail with a criminal record. This is especially significant as it is now criminal to simply refuse to comply with police demands.


Harsher Penalties for Repeat DUI Manslaughter

Before: DUI manslaughter was a second-degree felony with up to 15 years in prison.

Now: If you already have a conviction for DUI manslaughter, vehicular homicide, or BUI manslaughter, a new charge becomes a first-degree felony.

  • That means up to 30 years in prison

What This Means for Drivers

  • Refusing the test is a more complicated choice as it punishes even innocent people who were told to refuse.
  • A single bad decision can now leave you with both a DUI and a criminal refusal charge.
  • If you have any prior serious driving convictions, the risk is even greater under this law.

Why This Matters

As a personal injury attorney here in Panama City Beach, I see firsthand the impact of DUI crashes on victims and families. Laws like Trenton’s are designed to crack down hard on drunk and impaired driving.

But they also create new risks for drivers who may not realize how much the rules have changed.


Discover more from Phillip Stamman, P.A.

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