All About Trenton’s Law in Florida

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

Trenton’s Law: Florida’s New Law On DUI, DUI Manslaughter, Vehicular Homicide, BUI Manslaughter and Vessel Homicide

DUI (driving under the influence) and BUI (boating under the influence) manslaughter, as well as vehicular and vessel homicide, are very serious felony offenses in Florida. Now, the penalties are even heavier as a result of a new act from the Florida Legislature, titled “Trenton’s Law.”

Trenton’s Law was introduced by State Representative Kim Kendall in honor of Trenton Stewart, an 18-year-old from St. Johns County who was struck and killed by a wrong-way driver who was traveling 13 miles per hour. Due to Florida’s vehicular homicide laws, the driver found guilty of vehicular homicide in Trenton’s death could only receive a 15-year maximum sentence.

The driver received this sentence despite the fact that he had previously served 10 years in prison for a previous vehicular homicide conviction in Broward County. Troubled by the fact that the longest sentence that could be legally authorized for a second vehicular homicide was the same as the first (15 years), the Florida Legislature passed and Gov. DeSantis signed Trenton’s Law.

Trenton’s Law takes effect on October 1, 2025. It brings sweeping changes to Florida’s legal scheme surrounding DUI and BUI manslaughter, vehicular and vessel homicide, and even routine traffic stops when someone is suspected of DUI.

For DUI and BUI manslaughter, Trenton’s Law increases the penalties for these offenses (under Fla. Stat. 316.193 and 327.35, respectively) when the offender has a prior conviction for one of these offenses. Instead of a maximum of 15 years in prison (second-degree felony), repeat DUI or BUI manslaughter offenders now face up to 30 years in prison for a second or greater offense (first-degree felony).

For someone to be proven guilty of DUI manslaughter or BUI manslaughter, the State must establish the following elements beyond a reasonable doubt:

• The defendant operated a vessel or vehicle 
• The defendant was under the influence of alcohol (greater than or equal to a BAC of 0.08 grams per 100 mL of blood/210 mL of breath/67 mL of urine), or under the influence of controlled or chemical substances that impaired their normal faculties
• The defendant’s operation of the vessel or vehicle while impaired caused or contributed to the death of a person or unborn child (at any stage in fetal development)

The same change (30-year maximum for second or subsequent offense) attaches if a vehicular or vessel homicide takes place. These offenses (Fla. Stat. Section 782.071 and 782.072) require proof of the following:

• The defendant was operating a vehicle or vessel at the time
• The defendant’s actions resulted in the death of a human being or unborn child (at any stage of development in the womb under Fla. Stat. Section 775.0213(e))
• The defendant operated the vessel in a manner that showed wanton disregard for the safety of others, and in a manner likely to cause death or great bodily harm (recklessly) 
• The defendant’s reckless operation caused or contributed to the death of the victim

Important: DUI manslaughter and BUI manslaughter, as well as vehicular and vessel homicide can be charged as a first-degree felony (punishable by up to 30 years in prison and a $10,000) on a first offense. However, this is only if the defendant:

• Knew or should have known an accident occurred
• Did not stop, and failed to alert/give information to the authorities or render aid to the victim(s)

However, the law does not stop with enhancing second or subsequent convictions for the above offenses. Trenton’s Law also makes it a crime (as opposed to a civil infraction) for someone to refuse a lawful breath or urine test during a DUI stop for the first time. Law enforcement must notify a driver regarding the potential penalties they face if they refuse the test. 

This is the case even if it is someone’s first stop by law enforcement for a suspected DUI – in which case a refusal to submit to a test is a second-degree misdemeanor (punishable by up to 60 days in jail and a $500 fine). Moreover, a first refusal results in a suspension of someone’s driver’s license for 1 year. 

If someone has had their driver’s license previously suspended due to refusal to submit to a test, the penalties are even more severe. A second (or subsequent) refusal to submit to a DUI test becomes a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation and a $1,000 fine under Trenton’s Law. 

Additionally, a driver will have their license suspended for 18 months if one of the following (or both) is true:

• The driver has previously refused a blood or urine test for DUI
• The person has previously had their license suspended (for any reason)

Note: If an officer does not notify someone of the potential penalties for failure to submit to a test pursuant to the law, this may undercut the criminal charge against them, as it is required the driver be given this information under the new law.

When Trenton’s Law takes effect on October 1, 2025, most drivers and boaters likely will not know about it. However, this legislation fundamentally changes many of the laws surrounding driving and boating – and makes criminal offenses out of what used to be civil infractions, such as refusing a blood alcohol test. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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