Since October 1, 2025, Florida has punished DUI manslaughter far more seriously. A law nicknamed Trenton’s Law requires a mandatory minimum prison sentence for every DUI manslaughter conviction and allows a repeat offense to be charged as a first degree felony carrying up to 30 years, even when the case does not involve a hit and run. If you or someone you love is facing a DUI charge that involves a death, understanding these rules matters immediately.
This article is general information, not legal advice. Every case depends on its own facts. If you or a family member has been charged, speak with a criminal defense attorney as soon as possible.
What Trenton’s Law Changed
House Bill 687, known as Trenton’s Law, was signed in June 2025 and took effect on October 1, 2025. It is named for Trenton Stewart, an 18 year old from St. Johns County who was killed in 2023 when an impaired driver traveling 113 miles per hour in a 45 mile per hour zone crossed into his lane. The driver had already served prison time for killing someone in an earlier crash, yet under the old law the second death could still only be charged at the same level as the first. The law amends several sections of the Florida Statutes covering DUI manslaughter, boating under the influence manslaughter, vehicular homicide, and vessel homicide, and it applies to offenses committed on or after its effective date.
A Mandatory Minimum Prison Sentence for DUI Manslaughter
Before this law, a judge had discretion in sentencing a DUI manslaughter conviction within the applicable guidelines, and there was no statutory floor requiring prison time in every case. Under the amended Florida Statute Section 316.193, a person convicted of DUI manslaughter must now be sentenced to a mandatory minimum term of four years in prison. This removes the option of a sentence below four years for a DUI manslaughter conviction, regardless of mitigating circumstances a judge might otherwise have considered.
A Repeat Conviction Now Means a First Degree Felony
DUI manslaughter is still a second degree felony in most cases, punishable by up to 15 years. It becomes a first degree felony, punishable by up to 30 years, when the driver fled the scene without rendering aid or giving information as required by law. Trenton’s Law adds a new path to that same first degree felony exposure: a prior conviction. If a person has an earlier conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide, a new DUI manslaughter charge is automatically a first degree felony, with up to 30 years in prison, even without a hit and run this time. The law makes the identical change to the BUI manslaughter, vehicular homicide, and vessel homicide statutes, so a prior conviction under any one of these four offenses can enhance a new charge under any of the others.
Why This Also Raises the Stakes on the Immigration Side
For a non-citizen client, a first degree felony conviction like an enhanced DUI manslaughter charge can carry immigration consequences well beyond the criminal sentence, including the risk of removal proceedings. Our firm defends the criminal case with those immigration consequences in mind from the very first conversation, and we coordinate with immigration counsel when a case calls for it. Understanding exactly what a conviction under this statute now means, and fighting how the charge is classified, matters more than ever.
What To Do If You or a Loved One Is Charged
A mandatory minimum removes a judge’s ability to give a lighter sentence based on the circumstances, which makes the fight over how the case is charged, and whether it can be resolved to a lesser offense, far more important than before. An experienced defense attorney can examine whether the stop, the testing, and the arrest were handled lawfully, whether the enhancement to a first degree felony was properly applied, and whether a plea to a lesser charge is realistically available. The sooner an attorney is involved, the more options are usually still on the table.
Frequently Asked Questions
Does the mandatory minimum apply to every DUI manslaughter case?
Yes. Under the current law, a conviction for DUI manslaughter requires a minimum of four years in prison, regardless of whether it is a first offense.
Does this law apply to cases from before October 1, 2025?
The law took effect on October 1, 2025, and applies to offenses committed on or after that date. An attorney can review the timeline of a specific case to confirm which version of the law applies.
Is refusing a breath or urine test also a bigger risk now?
Yes. The same law also changed the rules on refusal: refusing a breath or urine test after a DUI arrest can now itself be charged as a crime, even on a first refusal, rather than only resulting in a license suspension. We cover that change in more detail in our earlier article, Florida Changed the Law on Refusing a Breathalyzer.
Facing a DUI Charge? Call Us Today
If you or a loved one is facing a DUI or DUI manslaughter charge, do not wait to get help. Call (239) 933-9404 or book a consultation. Se habla español. Learn more on our DUI & Driving Offenses and Criminal Defense pages.
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