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Refusal to give breathalyzer or Urine sample will become a separate criminal offense for first time DUI offenders.
The new law will go into effect on October 1, 2025.
Under "Trenton's Law" (House Bill 687), a new Florida DUI law taking effect on October 1, 2025, refusing a breathalyzer or urine test for the first time will become a separate criminal offense. Previously, a first-time refusal was only a civil infraction, primarily resulting in a driver's license suspension.
Here are some new law changes under Trenton's Law
Criminal charge for first-time test refusal
You will be charged with a second-degree misdemeanor, if you refuse breathe or Urine, even for first offense
Penalty for a second degree can be up to 60 days plus $500 fine
Increases penalties for re-offenses: Repeat offenses for DUI causing manslaughter, homicide will now be be first-degree felonies punishable by up to 30 years.
The standard administrative penalty of a 12-month driver license suspension still applies.
Takeaway: (not an attorney advice btw) - if you blow over .08 there is the presumption that you’re impaired. If you give a dirty urine, it helps strengthens the state’s DUI case against you. It may still be a better gamble to take your chances at fighting a DUI (refusal) and deal with a second degree MM rather than have a DUI on your record.
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In Florida, DUI (Driving Under the Influence) is treated very seriously, and penalties can escalate quickly depending on the facts of the case.
A first offense can carry jail, fines, and long-term license consequences. Repeat or aggravated DUIs can become felonies with prison time
Definition of DUI in Florida
Under Florida Statute § 316.193, a person commits DUI if they are:
Driving or in actual physical control of a vehicle, and either impaired by alcohol, a chemical substance, or a controlled substance, or have a blood-alcohol level (BAC) of 0.08% or higher.
Penalties for DUI in Florida
Penalties depend on whether it’s a first offense or a repeat offense, as well as aggravating factors.
First DUI (Misdemeanor)
Fine: $500 – $1,000
Jail: Up to 6 months (9 months if BAC ≥ .15 or a minor in the car)
License Suspension: 6 months – 1 year
Probation: Up to 1 year
DUI School + possible counseling
Vehicle impoundment: 10 days
Mandatory 50 hours community service
Second DUI (within 5 years)
Fine: $1,000 – $2,000 (higher if BAC ≥ .15 or minor present)
Jail: Up to 9 months (up to 12 months with BAC ≥ .15)
Mandatory 10 days in jail (if within 5 years of first DUI)
License Revocation: 5 years minimum (hardship license possible after 1 year)
Vehicle impoundment: 30 days
Ignition Interlock Device: 2 years
Third DUI
If within 10 years of prior: Felony (3rd-degree) → up to 5 years in prison.
If outside 10 years: Misdemeanor, but still heavy fines and long license revocation.
Fourth DUI (anytime)
Felony → up to 5 years in prison
Permanent driver’s license revocation (no hardship license allowed)
Aggravating Factors
Penalties are harsher if:
BAC is 0.15 or higher
A minor was in the car
The DUI caused property damage, injury, or death
DUI with serious bodily injury = felony
DUI manslaughter = second-degree felony (up to 15 years prison)
Administrative Penalties
Refusing to take a breath, blood, or urine test results in automatic license suspension (1 year for first refusal, 18 months + misdemeanor for second refusal).
You have 10 days after arrest to request a hearing with the DHSMV (Department of Highway Safety and Motor Vehicles) to challenge license suspension.
Why lootilaw?
a. Trial experience: If your case goes to trial, an experienced DUI lawyer knows how to:
Cross-examine officers about field sobriety tests
Challenge BAC results and machine reliability
Present expert testimony (toxicologists, accident reconstructionists, etc.)
b. Knowledge of the law: A lawyer can challenge whether the stop was legal, whether probable cause existed, or whether testing equipment was properly calibrated.
c. Help protect your rights: Police must follow strict procedures for traffic stops, field sobriety tests, and breath/blood tests. These constitutional issues may go unnoticed — even though they could get evidence thrown out.
d. Minimize penalties: Even a first DUI carries jail time, fines, probation, DUI school, vehicle impoundment, and community service. An attorney can often negotiate reduced charges (sometimes down to reckless driving), lighter sentencing, alternatives to jail (treatment programs, and community service, diversion).
Long-Term Consequences
A DUI conviction stays on your criminal record for life in Florida (it cannot be sealed or expunged). It also raises insurance rates and can affect employment, professional licensing, and even travel to other countries (like Canada). A skilled attorney may prevent a conviction entirely — which can save you from lifelong consequences.
Call lootilaw today to discuss your case - free consultation.
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A bond determines conditions for pretrial release.
Under Fl. Stat. §903.045, there are several options for bail bonds. The purpose of a bond is to ensure that defendants return for their scheduled court appearances. A bond can also include conditions for the safety of others.
The criminal justice process can be complex, and to effectively navigate the system, it is important to understand the different types of bail bonds (surety, cash, property, and personal recognizance or ROR).
A surety bond involves a third-party bail agent, while a cash or property bond involves the defendant or their family directly providing the full amount of bail or collateral. Release on recognizance (ROR) releases a defendant based on their promise to appear in court without any financial deposit.
When issuing or modifying bail bond options, judges consider financial capability, property ownership, criminal charges, flight risk assessment, and safety of the community or individuals.
A knowledgeable attorney for a bond motion is crucial for several reasons, including expertise, experience, presentation, knowing the judge beforehand, and humanizing the defendant.
Why do you need Lootilaw for your bond motion?
A knowledgeable attorney for bond motion issues is crucial for several reasons.
a. With expertise and knowledge of the law, an attorney can effectively argue on your behalf and ensure your rights are protected.
b. Experience with numerous bond motion cases. Every case is different, and with experience, an attorney can develop effective ways to approach a specific case.
c. Professionalism to ensure your rights are protected
What if there is no bond?
Normally, people accused of crimes in Florida have a constitutional right to bail. However there are instances when a person is not entitled to a bond. Several such instances include when a defendant has violated pre-trial release, a violation of probation (“VOP), and for certain offenses.
VOP and Pretrial release violation
In Florida, there is no automatic right to bond when arrested on a warrant for a VOP. Which means the defendant will be held in jail until the case is resolved by a plea bargain or until a final VOP hearing to determine the merits of the VOP.
While awaiting a VOP hearing, an attorney can still file a bond motion for release and ask the judge to exercise discretion.
The Judge typically weights the strength of the allegation, underlying offense, prior violations, type of violation (technical vs. new law violation), flight risk assessment, and danger to community in deciding whether to exercise discretion.
For pretrial release violations, Judges can use their discretion in granting bond. A skilled and experienced attorney can help present a credible case to show that a defendant did not willfully violate their pretrial release condition
Crimes with no bond
For capital offenses (punishable by death) or life felonies, bail is not automatically guaranteed.
Instead, the defense can request an Arthur hearing (named after State v. Arthur, 390 So. 2d 717 (Fla. 1980)).
At an Arthur Hearing, the burden is on the State: The prosecutor must first show the proof of guilt is evident or the presumption is great — a very high standard, almost like proving the case at trial.
If the State meets this burden, the defendant is presumed not entitled to bond.
However, the Judge still has Discretion:
If the State meets its burden, the judge still has discretion to set bond if the defense shows the defendant is not a flight risk and not a danger to the community.
Defense Evidence: Defense can present witnesses, documents, employment records, family/community ties, lack of prior record, medical needs, etc., to argue for release.
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Florida has two classifications for misdemeanors: First-degree and Second-Degree.
The severity of a misdemeanor is determined by the punishment allowed for the crime under the law. A first degree is punishable by up to 364 days in jail, 12 months probation, or a combination of both - and a fine of up to $1,000.
Second degree misdemeanors are punishable up to 60 days in jail and a fine of up to $500.
Some examples of misdemeanor crimes in Florida include:
Petty theft
Disorderly conduct
Simple assault
Trespassing
Vandalism
Shoplifting
Public intoxication
Domestic Battery
Reckless driving
Drug paraphernalia possession
Indecent Exposure
DUI
Repeat misdemeanor offenses can be enhanced to a felony
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A common question is whether a case gets dropped if the alleged victim does not want to cooperate? I will touch on that later in this section.
What is Domestic Battery?
Basically, its a combination of battery and a domestic relationship. Battery is defined under FL. Stat. 784.03. It occurs when a person:
Actually and intentionally touches or strikes another person against the will of the other; or
Intentionally causes bodily harm to another person(Domestic Violence).
Domestic relationships are defined under FL. Stat. 741.28 (3) as Family or household members - spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
What are the common defenses for domestic charges?
Similarly to other violent crimes, common defenses are:
a. Self-defense or defense of others
b. Defense of property
c. Lack of intent (accidental contact)
d. False accusations or Insufficient evidence
What happens when cops are called? and what if someone is arrested?
Whenever cops are called to domestic disturbance, they typically have to arrest someone.
After arrest you can expect the judge to issue a no contact order (per Florida’s Marcy’s law) against the defendant and set bond.
What happens if the alleged victim does not want to prosecute?
The State has the discretion to either drop charges or continue with prosecution, especially if other evidence exist. The State will typically consider an alleged victim’s position when deciding whether to prosecute or what plea to offer.
The alleged victim does have the option of filing an affidavit of non prosecution - however, a defendant may face additional charges if found to have influenced or were trying to influence the decision.
If you are facing allegations of domestic violence, it is very important to retain counsel, especially one with experience with those types of cases.
What are the penalties for domestic battery?
Dom bat is a very expensive first degree MM that can have consequences similar to a felony conviction. A defendant can receive up to one year in jail, up to one year probation or a combination, and fines. If convicted, a defendant can expect a mandatory enrollment in a batterers intervention program.
A conviction may result in the loss of your gun rights, and deportation for non-citizens.
If a minor or minors were present during domestic violence, a no contact for the minor(s) will be issued at first appearance. In removing or modifying the no contact for a child, judges will consider the DCF recommendation.
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Florida have three levels of felony classifications: first-degree; second-degree; and, third-degree.
Serious felony crimes are typically classified in the first and second degrees.
A first-degree felony can mean up to 30 years in prison plus a fine of up to $10,000.
A second-degree felony carries a maximum penalty of 15 years in prison, a $10,000 fine.
Some offenses within these categories carry a mandatory minimum - which means, if a defendant is sentences to 15 years in prison, the defendant will spend every single day of that 15 years in prison. Without mandatory minimum, prisoners are often eligible for “gain” time based off good behavior which cuts a portion of the years they end up spending in prison.
Some examples of serious felony crimes in Florida include:
Burglary with assault or battery
Robbery with a weapon
Sex crimes
Kidnapping
Assault with a Deadly Weapon
Drug Trafficking
Arson
Manslaughter
Aggravated Battery
Felon in possession
How to defend against any second or first degree accusation:
It is highly recommended to get a lawyer - and not just any lawyer - a lawyer with trial experience on felony cases:
a. Trial experience: Felony trials can be highly technical, with expert testimony, cross-examinations, and jury strategy. A skilled defense lawyer knows how to challenge unreliable witnesses, undermine weak forensic evidence, and persuade a jury when your freedom is on the line.
b. Knowledge of the legal system: Police and prosecutors must follow strict rules on searches, seizures, confessions, and evidence gathering. An attorney can spot violations (illegal searches, coerced statements, mishandled evidence) and file motions to suppress. Without this, illegally obtained evidence could still be used against you.
Why an experienced lawyer?
a. Knowledge to Build a Strong Defense Strategy: Otherwise known as theory of defense - serious felonies often involve forensic evidence, expert witnesses, and complex fact patterns. Attorneys have access to investigators, forensic experts, and resources to challenge the State’s case. A strong defense can mean acquittal, dismissal, or reduced charge
b. Knowledge on Negotiating With Prosecutors: Prosecutors in felony cases are often aggressive and seek long sentences. An experienced defense attorney can negotiate for reduced charges, reduced incarceration time, argue for probation, diversion programs, or alternatives to prison. With experience an attorney will be able to exploit the weaknesses in any case and can use it to work towards plea deals that avoid the harshest outcomes.
c. Their Knowledge of Complex Legal Procedures: Felony cases involve grand juries, pretrial motions, discovery, and sometimes extensive trials. Strict procedural rules apply — and mistakes can cost you your defense. An experienced attorney ensures filings, motions, and objections are properly handled
A serious felony case isn’t just about one court date — it’s about your freedom, rights, and future. An experienced felony defense attorney can mean the difference between decades in prison and a second chance at life.
A conviction can result in harsh penalties including prison sentences ranging from several years to life. It will also result in loss of civil rights (right to vote, own firearms, and hold certain jobs), and permanent record that cannot be sealed or expunged.
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In Florida, simple battery is classified as a first-degree misdemeanor.
It simply means unwanted contact plus intent.
Simple battery is punishable by up to 1 year in jail or 12 months probation, or a combination of both, but not exceeding 12 months, in addition to a $1000 fine.
Simple battery can be upgraded to a third-degree felony if there are prior battery convictions.
What are the defenses available against allegations of simple battery?
Lack of intent or self-defense are the most common defenses.
Other defenses include defense of others, defense of property, consent (implied or express), false accusation, and insufficient evidence.
What if there are no witnesses? It is very common not to have any witnesses or evidence beyond the testimony of the alleged victim. This is where a skilled lawyer comes in handy. Lacking any persuasive argument, jurors typically decide based on the credibility of the witnesses.
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In Florida, a third-degree felony carries a maximum penalty of five years in prison, a $5,000 fine, and up to five years of probation. Unlike some felonies, there is no minimum sentence for a third-degree felony.
Some examples of third-degree felony crimes in Florida include:
Aggravated stalking
Felony battery
Burglary
DUI
Possession of a controlled substance
Driving with a suspended license (habitual)
Drug possession
Exploitation of an elderly person
Grand Theft
Resisting arrest with violence
Battery on a 65+
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What is a Motion to Suppress?
A Motion to Suppress is a written request filed by the defense asking the court to exclude certain evidence from trial because it was obtained in violation of the defendant’s constitutional or statutory rights.
What are the legal basis for a Motion to Suppress?
A Motion to Suppress in Florida is generally based on:
a. Fourth Amendment (U.S. Constitution) – protects against unlawful searches and seizures.
b. Fifth Amendment – protects against self-incrimination (e.g., improper custodial interrogation).
c. Sixth Amendment – right to counsel.
d. Fourteen amendment due process clause - prevents Florida from denying these constitutional protections. Florida Constitution, Art. I, §§ 9 & 12 are consistent with federal law.
Motion to Suppress in Florida
In Florida, Rules of Criminal Procedure 3.190(g) governs motions to suppress.
What types of evidence require a Motion to Suppress ?
a. Evidence seized without a valid search warrant (or a defective warrant) unless there is an exception. Some examples of an exception are: consent; plain view; exigent circumstances; officer acting in good faith; automobile exception; stop and frisk; and, search incident to a lawful arrest.
b. Warrantless searches without a recognized exception
c. Unlawful traffic stop or detention.
d. Lack of probable cause for arrest.
e. Failure to administer Miranda warnings before custodial interrogation.
f. Statements obtained through coercion or without voluntary consent.
g. Improper identification procedures (e.g., suggestive lineups).
When is it too late to file a Motion to Suppress?
The motion must be filed before trial unless there us good cause . For example, if new material evidence comes to light after the trial that was not known or disclosed to the defense before the trial
What should I write in a motion to Suppress?
The motion should state the facts of the case, MUST state the particular evidence to be suppressed, and the legal/factual basis.
What happens at a Motion to Suppress hearing?
It’s the defense’s motion thus, defense must establish a prima facie case the evidence was unlawfully obtained.
Once the defense establish a prima facie case, the burden then shifts to the State. They now have to prove the evidence was lawfully obtained. Their Burden of proof is lower than at a criminal trial. The burden required is by a preponderance of the evidence, whereas at trial, they are required to proof guilt beyond a reasonable doubt.
After both sides have presented their evidence and arguments, the judge, not the jury, decides admissibility. If the motion is granted, the suppressed evidence cannot be used at trial.
Can a case be dismissed if a Motion to Suppress is granted?
Yes, because any evidence suppressed cannot be used at trial. In some cases, the evidence suppressed is central to the State’s case and without it, they are unable to move forward. Whenever the State’s case is significantly weakened, the State me be inclined to dismiss the case, reduce the charges, or negotiate a favorable plea offer.
Motion to Dismiss
In Florida, a motion to dismiss is governed under Florida Rules of Criminal Procedure 3.190c
This motion differs from a motion to suppress because you are asking the Judge to dismiss the case/charges or a probation affidavit, rather than suppress evidence.
When should the defendant file a motion to dismiss?
While most people are familiar with Florida’s stand your ground and self defense laws, a motion to dismiss can also be requested if the evidence available does not:
a. support the elements of the charge(s);
b. the court lacks jurisdiction (common when challenging the affidavit alleging a VOP),
c. statute of limitation has expired; and,
d. when undisputed facts does not establish a prima facie case (meaning, on it’s face, no crime was committed).
What is self-defense and when can you use it?
Self-defense is simply a justifiable use of force under FL. state 776. 012 Typically the force has to be proportional to the threat faced. For example, you may use deadly force to prevent imminent death, imminent forcible felony, or imminent great bodily harm. You are not allowed to use deadly force for non-life threatening situations.
Considering proportionality - Other types of justified use of force are when you are defending others , and defending your property (when occupied).
In Florida, a defendant does not have a duty to retreat from using force so long as they are lawfully at the place where the force was used.
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Mitigating a case
The majority of cases ultimately resolve through a plea bargain. In many instances, the state will consider mitigating factors to impose a lighter sentence. For example, a defendant can go into rehabilitation after being charged with DUI or a case where substance use was involved. Another example can be paying upfront restitution or taking theft abatement classes when charged with a theft.
Here are some mitigating factors that can be used to get lighter sentences.
lack of a criminal record
a nonviolent record or if the charges are nonviolent in nature
community service
steps toward rehabilitation
upfront restitution payment
socioeconomic circumstances
mistake/lack of intent and remorse
downward departure
Downward departure
Downward departure is particularly common with felony offenses. For punishment in felony cases, the judge goes by the CPC score. If a defendant scores 44 points or fewer, a prison sentence is not mandatory. Anything higher than 44 requires a mandatory prison sentence unless there is a downward departure.
Legal bases for downward departures are found under Florida statute 921.0026.
Common reasons for downward departure include the age of the defendant, also known as the “youthful offender,” and when a defendant requires specialized treatment for a mental or physical disability and is amenable (agreeable) to treatment.
Other grounds for downward departure are the need for restitution outweighing prison, the defendant being a minor participant, the defendant being intellectually impaired, the defendant acting under duress, etc.
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A question I often get is whether probation can be terminated early.
Yes—even when your plea sheet clearly says there is no early termination of probation.
The fact is, the judge has the discretion to terminate your probation under Florida law—under certain caveats.
Under Fl Stat § 948.04(4), the court can terminate probation early if the petitioner has met certain conditions and the court finds it appropriate.
For the judge to exercise discretion, the petitioner must have complied with the terms and conditions of probation.
Judges typically consider the following:
a. Whether the petitioner has completed at least half (or in felony cases, at least two years) of the probation term.
b. Whether the petitioner has completed all pertinent conditions. For example, paid off restitutions, completed all required courses, paid off court fines, and made efforts towards rehabilitation. i.e., no new arrests, no violation of probation, etc.
Contact my office if you or someone you know needs help with either a VOP or early termination of probation.