Trenton’s Law (HB 687) in Florida: What You Need to Know About the New DUI Manslaughter & Refusal Penalties
Effective October 1, 2025, Florida’s House Bill 687 — known as “Trenton’s Law” — will dramatically reshape the legal consequences for DUI Manslaughter, BUI Manslaughter, Vehicular Homicide, Vessel Homicide, and Refusal to Submit to Testing.
As a Florida DUI and Criminal Defense Attorney, I’ve seen major legislative changes before — but this law is one of the most aggressive penalty increases in recent years. If you or someone close to you currently has a DUI-related charge — or has a prior conviction — you need to understand how this law can affect sentencing, plea negotiations, and strategy.
📌 What Is Trenton’s Law (HB 687)?
“Trenton’s Law” was created in response to public pressure for harsher treatment of repeat fatal driving or boating offenders. It does two major things:
- Doubles prison exposure for repeat DUI/BUI Manslaughter or Homicide offenders — from 15 years to 30 years.
- Turns refusal of a breath or urine test into a CRIMINAL offense — even for first-time refusal.
This means what used to be a civil infraction with license suspension is now an offense that can put you in jail and give you a permanent criminal record.
⚖️ Penalties Before vs. After Trenton’s Law
| Offense Type | Prior Law Classification | Max Sentence (Before) | New Classification Under Trenton’s Law | Max Sentence (After) |
|---|---|---|---|---|
| Second DUI/BUI Manslaughter(§316.193 / §327.35) | Second-Degree Felony | 15 Years | First-Degree Felony | 30 Years |
| Second Vehicular Homicide(§782.071) | Second-Degree Felony | 15 Years | First-Degree Felony | 30 Years |
| Second Vessel Homicide(§782.072) | Second-Degree Felony | 15 Years | First-Degree Felony | 30 Years |
Full Statute References via Justia:
- DUI Manslaughter — Florida Statute §316.193: https://law.justia.com/codes/florida/2024/title-xxiii/chapter-316/section-316-193/
- BUI Manslaughter — Florida Statute §327.35: https://law.justia.com/codes/florida/2024/title-xxiv/chapter-327/section-327-35/
- Vehicular Homicide — Florida Statute §782.071: https://law.justia.com/codes/florida/2024/title-xlvi/chapter-782/section-782-071/
- Vessel Homicide — Florida Statute §782.072: https://law.justia.com/codes/florida/2024/title-xlvi/chapter-782/section-782-072/
🚨 Refusal to Submit to Testing — Now a Crime
Under current law, a first refusal typically results in a license suspension only. Under Trenton’s Law:
| Refusal Type | Old Law | New Law (Effective Oct 1, 2025) |
|---|---|---|
| First Refusal | Civil Infraction | Second-Degree Misdemeanor — Up to 60 days in jail |
| Second or Later Refusal | First-Degree Misdemeanor | Still First-Degree Misdemeanor, enforced more aggressively — Up to 1 year in jail |
Statute Link: Florida Statute §316.1939 — Refusal to Submit to Testing
https://law.justia.com/codes/florida/2024/title-xxiii/chapter-316/section-316-1939/
Judges will now be required to warn arrestees that refusal carries criminal penalties before administering tests.
⚠️ Why This Law Is So Dangerous for Defendants
Under prior law, refusing a test was sometimes a strategic move—avoiding giving the State more evidence. Now? That refusal becomes its own criminal charge — which prosecutors will stack on top of DUI-related offenses.
This means:
- Even if your DUI is beaten at trial, the refusal charge can still stick.
- If you previously refused years ago, a second refusal could now put you in jail — even without a conviction.
🛑 Already Have a DUI or BUI Manslaughter Conviction on Your Record?
Then under HB 687, any future fatal crash involving DUI or BUI exposes you to 30 years in prison — even if your first offense was decades ago.
📞 Legal Alert Call 813-222-2220
If you or a loved one is facing DUI Manslaughter, BUI Manslaughter, or Refusal to Submit charges under Trenton’s Law, call Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 or contact me online at https://dui2go.com/contact/.
I’ve defended clients across Hillsborough, Pinellas, Polk, Pasco, and throughout Central Florida on serious DUI-related charges. The earlier I’m involved, the more options we have.
🧠 Defense Strategies in the Trenton’s Law Era
The State may be gaining leverage — but defendants still have rights. Key areas of attack include:
1. Challenging Prior Convictions
To enhance to a first-degree felony, prosecutors must prove a valid prior conviction. Old pleas with missing records? That can be fought.
2. Questioning Causation in Manslaughter Cases
Florida law requires proof beyond a reasonable doubt that intoxication caused the death.
Mechanical failure? Road conditions? Medical episode? These are alternative causation theories that can reduce liability.
3. Contesting the Lawfulness of Refusal Warnings
If police failed to provide the new mandatory warning — refusal charges may be suppressed entirely.
❓ Common Questions About Trenton’s Law (HB 687)
Does Trenton’s Law apply to cases before 2025?
No — the increased penalties only apply to crimes committed on or after October 1, 2025. However, older convictions will count as priors, even decades old.
Can a refusal charge be stacked onto a DUI acquittal?
Yes. Refusal charges are separate. Even if the DUI is dismissed or acquitted, you can still be convicted of the refusal itself.
Can I expunge or seal a refusal conviction?
No — a refusal conviction is a criminal offense. In most cases, refusals cannot be sealed or expunged.
⚓ Does This Apply to Boaters Too?
100%. HB 687 applies to:
- BUI Manslaughter (Boating)
- Vessel Homicide
- Refusal to Submit to Breath/Urine Tests While Operating a Boat
Final Call to Action
Florida lawmakers just doubled sentencing exposure for repeat DUI/BUI manslaughter defendants — and criminalized refusal for the first time ever.
Do NOT face this new legal landscape alone.
👉 If you or a family member is under investigation or charged with DUI Manslaughter, BUI Manslaughter, or Refusal to Submit, call me — Attorney W.F. “Casey” Ebsary Jr. — at (813) 222-2220.
🔗 Contact Form: https://dui2go.com/contact/
🔗 Attorney Bio: https://dui2go.com/about/