Florida DUI  And Boating Manslaughter Penalties – Understanding Trenton’s Law October 2025

Drunk and drugged driving has long been a scourge on Florida’s roads and waterways. Families like that of twelve-year-old Trenton Duckett, killed by a repeat drunk driver, have demanded tougher penalties and more accountability. 

In response, Florida legislators passed House Bill 687, often referred to as Trenton’s Law, which took effect on October 1 2025. This law dramatically increases punishments for drivers and boaters who cause fatalities while under the influence and closes loopholes related to breath and urine testing . Anyone who drives a car or operates a boat in Florida should understand these changes, as the consequences of a conviction can be life-changing.

Overview Of Dui And Bui Manslaughter

Driving under the influence (DUI) and boating under the influence (BUI) occur when a person operates a motor vehicle or vessel while impaired by alcohol or drugs. If an impaired driver or boater causes a crash that kills another person, the offense becomes DUI or BUI manslaughter. 

Before Trenton’s Law, DUI manslaughter was generally a second-degree felony, punishable by up to fifteen years in prison. Judges could impose lesser sentences, particularly for first-time offenders, and many did. Advocates for stricter penalties argued that repeat offenders and those who refused sobriety tests were not being held accountable.

Legal Elements Of Manslaughter

To secure a conviction for DUI or BUI manslaughter, prosecutors must prove that the defendant was operating the vehicle or vessel, was under the influence of alcohol or a controlled substance to the extent that their normal faculties were impaired, and, as a result, caused or contributed to the death of another person. 

Evidence typically includes field sobriety tests, breath or blood alcohol readings, witness testimony and accident reconstruction. Defendants often challenge the accuracy of test results or argue that the accident was unavoidable.

The Role Of Prior Convictions

Under the old law, prior DUI convictions increased penalties but did not automatically elevate a manslaughter charge to the highest felony level. Judges had discretion in sentencing, which sometimes resulted in relatively light penalties for repeat offenders. This was one of the main concerns Trenton’s family raised when advocating for change.

Key Changes Introduced By HB 687

Trenton’s Law introduces several significant provisions aimed at deterring intoxicated driving and boating, particularly among repeat offenders . These provisions include elevating certain offenses to first-degree felonies, creating new penalties for refusing chemical tests and placing these crimes higher on the state’s sentencing severity chart.

Elevation To First-Degree Felony

Under HB 687, a person who commits DUI or BUI manslaughter and has a prior conviction for DUI, BUI or any vehicular or vessel homicide automatically faces a first-degree felony charge . A first-degree felony carries a maximum sentence of thirty years in prison and a fine up to ten thousand dollars. This is a substantial increase from the previous second-degree felony classification. The law sends a clear message that repeat offenders who kill someone while intoxicated will face the highest possible penalties short of life imprisonment.

Penalties For Refusal To Submit To Testing

Florida’s implied consent law has long required drivers arrested for DUI to submit to a breath, blood or urine test. A refusal typically led to a one-year license suspension and was admissible as evidence at trial. HB 687 goes further: a first refusal to submit to a breath or urine test is now a misdemeanor . This means that even before a DUI or manslaughter trial, a defendant can face criminal charges simply for refusing a test. The law also requires officers to inform drivers that refusal is a criminal act. Officers must read a statement indicating that refusing the test is a misdemeanor, which can result in jail time.

Ranking On The Criminal Punishment Code

Trenton’s Law amends the Florida Criminal Punishment Code to rank DUI and BUI manslaughter higher, increasing the score that judges use to calculate minimum sentences . This effectively means longer mandatory prison terms for those convicted. Even first-time offenders can expect to spend significant time incarcerated. By raising the ranking, the Legislature made it harder for judges to depart downward from recommended sentences.

Penalties And Consequences

The penalties for DUI and BUI manslaughter under HB 687 depend on whether the offender has prior convictions, whether they refused testing and other circumstances of the case.

First Offense

For those with no prior DUI-related convictions, DUI or BUI manslaughter remains a second-degree felony. However, because of its higher ranking on the punishment code, the minimum recommended sentence will be longer than under the previous law. Penalties include up to fifteen years in prison, a fine up to ten thousand dollars, probation, community service, mandatory DUI school and permanent revocation of driving or boating privileges. A judge may impose a lesser sentence only if substantial mitigating factors exist.

Repeat Offenders

For those with a prior DUI or vehicular manslaughter conviction, the crime becomes a first-degree felony . Sentences can reach thirty years in prison. Judges are less likely to show leniency, and prosecutors often seek maximum punishment. The law also specifies that offenders must serve at least four years in prison; this minimum applies even if the judge finds mitigating circumstances.

Refusing A Breath Or Urine Test

Refusal to submit to a breath or urine test following an arrest is now a first-degree misdemeanor, punishable by up to one year in jail, one year of probation and a one thousand dollar fine . The offender’s driver’s license will be suspended for one year for the first refusal and for eighteen months for subsequent refusals. These penalties are separate from those for the underlying DUI or manslaughter charge.

Collateral Consequences

In addition to incarceration, fines and license revocations, a DUI manslaughter conviction brings collateral consequences. Felony convictions bar individuals from voting, owning firearms and holding certain professional licenses. Employment prospects diminish significantly, especially in fields that require driving. Families of victims may file civil lawsuits for wrongful death, seeking damages beyond those imposed by criminal courts.

Potential Defenses To Dui And Bui Manslaughter

Because of the severe penalties under Trenton’s Law, crafting an effective defense strategy is vital. While every case is different, some common defenses include:

Challenging The Stop And Arrest

Police must have reasonable suspicion or probable cause to stop a vehicle or boat. If the stop was unlawful, the evidence obtained, including field sobriety tests and breath or blood samples, may be suppressed. An attorney will evaluate whether the officer had a lawful reason to initiate the stop, such as erratic driving or a visible equipment violation.

Disputing Intoxication Evidence

Breath and blood tests are not infallible. Machines must be properly calibrated and operators correctly trained. Environmental factors, medical conditions and improper procedures can produce inaccurate readings. A defense lawyer may challenge the admissibility of test results by requesting maintenance logs, operator certifications and chain-of-custody documentation.

Questioning Causation

To convict, the state must prove that the defendant’s impairment caused or contributed to the death. If another driver or boater was primarily at fault, for example, by running a red light or drifting into a lane, the defense can argue that the intoxicated defendant did not cause the fatality. Accident reconstruction experts may testify about speed, angle of impact and other factors.

Necessity Or Duress

In rare cases, defendants argue that they were forced to drive or operate a boat under duress or necessity. For example, if the defendant was fleeing violence or transporting someone to the hospital, the defense may present these circumstances to mitigate culpability. This defense does not often lead to acquittal but can influence sentencing.

How The Law Place Can Help

The attorneys at The Law Place have handled hundreds of DUI and BUI cases across Florida. With the advent of Trenton’s Law, it is more important than ever to have knowledgeable representation. Our team can:

• Review the legality of the traffic or vessel stop, ensuring that officers complied with constitutional requirements.
• Analyze evidence from breath, blood and field sobriety tests, identifying errors or inconsistencies.
• Consult with accident reconstruction and toxicology experts to challenge the state’s narrative.
• Negotiate with prosecutors to reduce charges or obtain sentencing alternatives such as probation, community service or treatment programs.
• Advocate for your rights in court, presenting a compelling defense to judges and juries.
• We also advise clients on the implications of refusing a breath or urine test and help them understand the potential misdemeanor charge and license suspension.

Frequently Asked Questions

When Did Trenton’s Law Take Effect

HB 687 took effect on October 1 2025. Offences committed on or after that date are subject to the new penalties .

Does The Law Apply To Boating As Well As Driving

Yes. The provisions of HB 687 apply to both DUI and boating under the influence (BUI) manslaughter. The same elevation to first-degree felony for repeat offenders and penalties for refusing tests apply to boaters .

What Happens If I Refuse A Breath Test

Refusing a breath or urine test after an arrest for DUI or BUI is now a first-degree misdemeanor. Penalties include up to one year in jail, fines and a mandatory license suspension . The refusal may also be used as evidence in your DUI case.

Can I Avoid Jail With A Plea Bargain

Under Trenton’s Law, it is more difficult to avoid jail, especially for repeat offenders. However, with effective negotiation and mitigating evidence, first-time offenders may obtain a reduced sentence, probation or participation in a treatment program. Each case is unique.

Will A Manslaughter Conviction Always Lead To Losing My License

Yes. A conviction for DUI or BUI manslaughter results in permanent revocation of your driver’s or boating privileges. There are limited opportunities to obtain a hardship license, and restoration requires meeting stringent conditions. Working with an attorney improves your chances of obtaining limited driving privileges.

Contact The Law Place Today!

Trenton’s Law represents a significant shift in Florida’s approach to intoxicated driving and boating. By elevating DUI and BUI manslaughter to a first-degree felony for repeat offenders, creating a misdemeanor for refusing chemical tests and increasing the sentencing scores for these offenses , the Legislature aims to deter dangerous behaviour and hold offenders accountable. The stakes are now higher than ever: lengthy prison sentences, large fines, permanent license revocation and lifelong criminal records await those who violate the law.

If you face charges under HB 687, time is critical. Contacting The Law Place immediately allows us to preserve evidence, challenge the state’s case and work toward the best possible outcome. We offer free consultations, and our attorneys are available to answer questions about these changes. Protect your future and your freedom by seeking experienced legal counsel today.