Florida’s new Trenton’s Law (HB 687) makes major changes to DUI and boating penalties. It also raises a question many drivers have:
If you’re pulled over or arrested for DUI in Florida, what exactly can you refuse, and what are the consequences if you do?
This guide breaks it down in plain language.
Can You Refuse Field Sobriety Tests in Florida?
When an officer suspects you of driving under the influence, they may ask you to complete roadside “field sobriety tests,” such as:
- Walking in a straight line
- Standing on one leg
- Following a pen with your eyes
These tests are voluntary in Florida. You can refuse them without legal penalty.
But here’s the catch: refusal doesn’t mean you avoid arrest. If the officer already sees signs of impairment (slurred speech, swerving, alcohol odor, or an accident), they can arrest you even without test results.
Why are these tests optional? Field sobriety tests are considered subjective, results depend heavily on the officer’s interpretation, and even sober drivers sometimes fail due to nerves, fatigue, or medical conditions.
What Tests Are Required After Arrest?
Once you’ve been lawfully arrested for DUI, the situation changes. At this point, police may request:
- A breath test
- A urine test
- Or, in some cases, a blood test
This is where Florida’s implied consent law comes into play.
What Is Implied Consent?
Under Florida Statute §316.1932, every driver who applies for and receives a Florida driver’s license gives advance consent to chemical testing if arrested for DUI.
In other words, your driver’s license acts like a pre-signed consent form. By driving in Florida, you’ve already agreed to these tests.
This law was designed to ensure consistency and discourage refusals, which otherwise make DUI enforcement more difficult. Many other states have similar implied consent rules.
Penalties for Refusing Chemical Tests
Refusing a test after arrest isn’t just non-cooperation — it’s a separate violation.
- First refusal → Automatic driver’s license suspension (usually 1 year) plus a second-degree misdemeanor (up to 60 days in jail and a $500 fine).
- Second or later refusal → First-degree misdemeanor (up to 1 year in jail and a $1,000 fine), along with an 18-month license suspension.
- In crashes with injury or death → Police can often get a warrant, allowing them to draw your blood regardless of consent.
Even beyond the criminal penalties, refusals can hurt drivers in other ways. For example, the refusal itself may be used as evidence in administrative hearings that decide license suspensions.
Trenton’s Law: Harsher Penalties for Repeat Offenders
Florida’s new HB 687 (Trenton’s Law) doesn’t just cover refusals — it also escalates penalties for repeat deadly DUI and boating offenses.
- Before the law → DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide were all second-degree felonies (up to 15 years), even for repeat offenders.
- After the law → If someone with a prior conviction commits another deadly DUI/BUI offense, the charge increases to a first-degree felony (up to 30 years).
This law was named after Trenton Stewart, an 18-year-old tragically killed in 2023 by a drunk driver with a history of reckless driving.
Why These Laws Matter
Florida ranks among the states with the highest number of alcohol-related traffic fatalities each year. Lawmakers passed these measures to:
- Discourage refusal of chemical tests
- Strengthen penalties for repeat deadly offenses
- Improve public safety and accountability on the road
The main takeaway:
- Field sobriety tests → Optional.
- Post-arrest chemical tests → Already consented to by holding a license. Refusing is a crime.
- Repeat DUI/BUI homicides → Face tougher penalties than ever.
FAQ: Florida DUI Refusal Laws
Can you refuse a DUI blood test in Florida?
Yes, but refusal is a misdemeanor and can trigger license suspension. In serious crashes, police may obtain a warrant to draw blood anyway.
Does refusing a breathalyzer prevent a DUI conviction?
No. Prosecutors can still use officer observations, video evidence, and witness testimony.
How long is your license suspended for refusing?
Typically, one year for a first refusal, 18 months for a second or later refusal.
Do all states have implied consent laws?
Most U.S. states have some form of implied consent statute, though penalties and procedures vary.
Final Word
DUI laws in Florida can be confusing, especially with the new changes under Trenton’s Law (HB 687). The most important point is this: refusal is not always an option.
The attorneys at The Orlando Law Group help with a wide range of legal issues for business owners and individuals in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida. While we do not practice criminal defense, we share these updates so Floridians understand how laws impact their everyday lives.
If you have questions about this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola, and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on October 2, 2025 by The Orlando Law Group
