Under a new Florida law, the state’s already tough penalties involving reckless and drunk driving have been made even tougher. A Florida DUI defense attorney at The Alers Law Firm can provide you with a vigorous legal defense in your case.
Florida has recently made significant changes to its laws that raise the penalty for repeat vehicular homicide and criminalize refusal to undergo breathalyzer testing. The new law doubles the penalty if a driver’s reckless actions result in the death of another person, and they have previously been convicted of vehicular homicide. Further, you can now go to jail for not allowing a breathalyzer test, including a lengthier penalty if it was a second time refusal.
If you are facing penalties for serious traffic related offenses, speak to a Florida criminal defense lawyer at The Alers Law Firm. We offer free consultations, and we are available to speak to you at any time. Just call us at 407-930-4888.
The Reason for Trenton’s Law in Florida
Trenton Stewart was a college student who was killed in a car accident when the driver was travelling at 113 miles per hour in a 45 mph zone. It was the second time that this particular driver killed another motorist in an accident. Under existing Florida law, the driver was only able to be charged with a second-degree felony. The maximum penalty at the time was 15 years in prison. As a result, lawmakers wanted to raise the penalties for situations like this and toughened the penalties for repeat reckless drivers who kill someone else in an accident. In addition, Trenton’s law also made other changes to driving laws in Florida that relate to the failure to submit to Breathalyzer testing after a traffic stop. The law takes effect on October 1, 2025.
Repeat Vehicular Homicide Under Trenton’s Law
Trenton’s Law now charges repeat vehicular homicide as a first-degree felony under Florida law. Now, the maximum penalty for vehicular homicide is raised to 30 years in prison. To be convicted of a first-degree felony for vehicular homicide, a prosecutor must prove the following:
- The defendant was operating a motor vehicle at the time of the accident
- The defendant’s driving was the proximate cause of the death of a person or an unborn child
- The driver went beyond simple negligent in that they were operating their motor vehicle in a way that was likely to cause death or great bodily harm (such as the circumstances that caused the death of Trenton Stewart)
- The defendant’s conduct manifested a reckless indifference to the consequences of their actions
Defenses to Vehicular Homicide Under Trenton’s Law
If you have been charged with a first degree felony under the new law in Florida, you may use the following defenses in your case:
- You were negligent and not reckless, meaning that you lacked the required intent
- There was insufficient evidence in the form of witness testimony or other proof
- Your driving was not the direct cause of the other motorist or passenger’s death
- Your legal rights were otherwise violated
It is crucial that you consult with an experienced criminal defense lawyer to learn whether you have any defenses, given the drastic potential consequences of the new law.
The Failure to Submit to Testing Under Trenton’s Law
Trenton’s Law did much more than raise penalties for vehicular homicide. The law also made other sweeping changes that affect the rights of drivers. Specifically, you can now be charged with a criminal offense, instead of a civil one, if you refuse to submit to breathalyzer testing when you have been stopped by a police officer on suspicion of drunk driving.
- A first-time refusal to undergo a breathalyzer test is now a second-degree misdemeanor, which can be punished by up to 60 days in jail and/or a fine of up to $500.
- A second time refusal to submit to breathalyzer testing is a first-degree misdemeanor, which is punishable by up to one year in jail, up to one year of probation, and a fine of up to $1,000.
The officer must warn a driver of the consequences of their refusal to allow a test for the driver to be convicted. You may be able to defend against these charges if you believe that your rights have been violated. For example, the officer would still need reasonable suspicion to pull you over for drunk driving before they can administer a breathalyzer test.
Contact a Florida Criminal Defense Law Firm Today
If you have been charged with any serious motor vehicle offense that could result in significant consequences, such as DUI, vehicular homicide or failure to submit to breathalyzer testing, speak to an experienced Florida criminal defense attorney at The Alers Law Firm immediately. You can schedule a free initial consultation with a criminal defense lawyer by filling out an online contact form or by calling us today at 407-930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
