Florida is about to see one of the most significant shifts in its DUI laws in decades. Prompted by a heartbreaking case involving 7-year-old Trenton Wilkerson, lawmakers passed House Bill 687, better known as Trenton’s Law. This legislation—set to take effect on October 1, 2025—will introduce tougher consequences for both first-time and repeat DUI offenders.

Whether you’ve faced DUI charges before or have never had so much as a traffic ticket, these new rules could impact you. Here’s an overview of what’s changing and why it matters.

Key Provisions of Trenton’s Law

1. First Breath Test Refusal Will Now Be a Crime

Currently, declining to submit to a breath, urine, or blood test during a DUI investigation is treated as a civil violation if it’s your first time. After October 1, that same refusal will be classified as a criminal offense—bringing the possibility of jail time, financial penalties, and a permanent criminal record.

This move reflects a broader effort by Florida law enforcement and prosecutors to treat refusals as deliberate interference with DUI enforcement.

Bottom line: Saying “no” to the test, even once, could now put you in criminal court.

2. Repeat DUI Manslaughter Offenders Face Harsher Felony Charges

Under current law, a repeat DUI manslaughter charge is a second-degree felony. Trenton’s Law increases the severity to a first-degree felony, meaning:

• A potential 30-year prison sentence (previously capped at 15 years)
• Stricter sentencing requirements
• Less room for plea negotiations

This change sends a clear message: Florida intends to treat repeat DUI fatalities with the highest level of severity under state law.

Why the Law Was Created

The legislation honors Trenton Wilkerson, who was struck and killed by a drunk driver in North Fort Myers in 2020. The driver had a previous DUI manslaughter conviction but was still legally driving. The tragedy sparked a push from victim advocates and legislators to strengthen penalties, particularly for repeat offenders, to better protect the public.

What Florida Drivers Should Know

Florida’s DUI laws were already strict, but Trenton’s Law raises the stakes considerably.

• Even first-time suspects who refuse testing could be charged criminally.
• Drivers with prior DUI convictions now face the possibility of far longer prison sentences and fewer plea deal opportunities if another fatal crash occurs.

In short, the law creates higher risks for all drivers when it comes to DUI enforcement and sentencing.

The Legal Reality: Strong Defense Is Now Critical

With harsher penalties and tighter sentencing rules on the horizon, anyone charged with DUI in Florida will face an uphill battle. Prosecutors will have more tools at their disposal, and judges will have less flexibility in sentencing.

At Aaron Delgado & Associates, we understand what’s at stake. Our DUI defense team works aggressively to challenge evidence, protect your rights, and pursue every possible path to reduce or dismiss charges.

Charged with DUI? Don’t Wait.
Every moment matters in building a defense. Whether this is your first offense or a complex repeat case, our attorneys are ready to help you understand your options and fight for the best possible outcome.

📞 Contact Aaron Delgado & Associates today to schedule your consultation.

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