Robert Malove What Exactly Is Trenton’s Law and Why Does It Matter?
Trenton’s Law represents the most significant overhaul of Florida’s DUI statutes in decades. Named after Trenton Stewart, a Stetson University football player killed by a drunk driver in Jacksonville in 2023, this legislation targets two key areas: refusal to submit to testing and repeat DUI-manslaughter cases.
The law fundamentally changes how Florida treats drivers who refuse breath or urine testing during a DUI stop. Previously, refusing a breath or urine test resulted in an automatic license suspension—a civil penalty handled through the Department of Highway Safety and Motor Vehicles.
Under Trenton’s Law, that same refusal carries a license suspension and a second-degree misdemeanor criminal charge (up to 60 days jail, $500 fine). The law keeps the existing first-degree misdemeanor penalty for a second or subsequent refusal.
Drivers sometimes refuse DUI tests because they believe it limits the state’s evidence against them, since a test showing a blood alcohol concentration above the legal limit provides prosecutors with strong proof that is harder to challenge in court. Without test results, prosecutors must rely on officer observations, which defense attorneys may more effectively dispute. However, under Trenton’s Law, the risks are far greater, as even a first refusal now carries not only a license suspension but also a criminal charge—making the decision far more consequential than in the past.
How Do the Enhanced DUI Manslaughter Penalties Work?
Trenton’s Law doesn’t stop at refusal penalties—it also dramatically increases sentences for repeat DUI manslaughter offenders. Under the new framework, a second or subsequent DUI manslaughter conviction, BUI manslaughter, vehicular homicide, or vessel homicide conviction goes from a second-degree felony (up to 15 years) to a first-degree felony (up to 30 years). The doubling of potential prison time reflects Florida’s zero-tolerance approach to repeat dangerous driving behaviors.
Florida uses the Criminal Punishment Code (CPC), which includes an Offense Severity Ranking Chart (OSRC). This chart ranks felony crimes from Level 1 (least severe) to Level 10 (most severe). On the offense severity ranking chart, these crimes are ranked at Level 8 or 9, depending on the offense.
What Should You Do If You’re Facing Charges Under Trenton’s Law?
The stakes under Trenton’s Law demand professional criminal defense representation from the moment of arrest. These cases involve complex constitutional issues, scientific evidence, and procedural requirements that require extensive legal knowledge.
Broward County prosecutors have significant resources dedicated to DUI prosecution. They employ toxicologists, accident reconstruction specialists, and experienced attorneys focused exclusively on these cases. Attempting to defend yourself against this level of professional prosecution rarely succeeds.
An experienced defense attorney can challenge the legality of the traffic stop, the accuracy of chemical tests, and whether your constitutional rights were fully protected during the process. By filing motions to suppress evidence, questioning the reliability of police procedures, and presenting expert testimony, a strong defense can weaken the state’s case.
The Law Offices of Robert David Malove understands the nuances of Trenton’s Law and how these changes affect clients throughout Broward County. With extensive experience in Fort Lauderdale, Pompano Beach, and Hollywood courts, our team provides the aggressive defense these serious charges demand.