Florida is a state that’s known for outdoor activities and tourism. This means that many people in the state travel in vehicles and get on the water in boats. What some people may not realize is that Florida law takes a tough stance on driving a boat or vehicle while under the influence.
Trenton’s Law, which is named after the victim of a fatal crash caused by a repeat drunk driver, increases the penalty for driving under the influence (DUI) and boating under the influence (BUI) if a person has a prior conviction. Understanding the changes that come with this law is critical for anyone driving or boating in Florida.
Trenton’s Law covers more than just alcohol
One of the primary misunderstandings about this law is that it covers more than just alcohol. It comes into the picture for any substance that negatively impairs a person’s ability to drive safely. It also covers more than just the act of driving.
Trenton’s Law makes it a crime to refuse a lawful breath or urine test after a DUI arrest. Even if this is the person’s first refusal, it can become a criminal matter. Repeat refusals are considered high-level misdemeanors.
The law also increases the penalties for individuals who are convicted of BUI or DUI if they have a prior conviction. For example, a person who is convicted of BUI or DUI, vehicular homicide or manslaughter faces 15 to 30 years in prison if they have a prior conviction.
Because this law covers BUI, which is often overlooked, it’s critical for people getting out on the waterways to understand that boating has the same requirements as driving. Being stopped by marine patrol follows many of the same steps as vehicular drunk driving stops.
Anyone who’s accused of BUI or DUI should learn about their rights and defense options. For example, a case involving a refusal to test may include raising questions about the wording, timing and circumstances of the test refusal warning. Working with someone who understands Florida laws and the ways these cases are handled may be beneficial for defendants.