I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I am a member of the National College for DUI Defense, and after a crash that sends a driver to the hospital, the fight over the medical file — and the blood-alcohol result inside it — is often the fight over the entire case. Our attorneys litigate these subpoenas before the records are ever produced.

Are Medical Records Private in Florida?

Yes — and the protection is stronger than most people realize, because it is constitutional. Florida courts have long recognized that individuals enjoy a right of privacy in their medical records under article I, section 23 of the Florida Constitution. That right is not absolute, but it yields only to a compelling governmental interest, and in a criminal investigation the State establishes that interest only by showing a clear connection between suspected illegal activity and the person whose privacy it wants to invade.

On top of the constitutional right sit two statutes. Section 395.3025, Florida Statutes, makes hospital patient records confidential and forbids disclosure without your consent — with a narrow exception in subsection (4)(d) allowing disclosure in a civil or criminal action “upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.” Section 401.30, Florida Statutes, gives similar confidentiality to emergency medical services and ambulance records. The State cannot simply ask the hospital for your file; it must go through a judge, and it must tell you first.

What Must the State Prove to Subpoena Your Records?

The State must show a nexus between the records it wants and a material issue in the investigation — and Florida’s Second District, whose decisions govern Hillsborough, Pinellas, and Pasco Counties, has broken that burden into two parts. In Leka v. State, 283 So. 3d 853 (Fla. 2d DCA 2019), a driver was hospitalized after a crash and prosecutors sought his hospital records before any charge had even been filed; the court held the State must (1) identify a theory that reasonably makes the records relevant and (2) produce some evidence making it reasonable to expect the records will support that theory. Because the State offered only vague testimony, never introduced the accident report, and never even identified which records it wanted, the Second District quashed the subpoena order.

Leka also teaches what the State can rely on when it does its homework: the court acknowledged that a judge may look to the State’s argument together with the accident report or the probable cause affidavit to establish relevance. The difference between a subpoena that survives and one that gets quashed is usually whether the State actually put that supporting material in front of the judge — and whether anyone was there holding it to that burden.

What Did the Roberts and Savage Decisions Say?

The Sixth District’s decision in Roberts v. State, 405 So. 3d 383 (Fla. 6th DCA 2023) is the sharpest statement of the State’s burden. Scott Roberts was under DUI investigation, and at the hearing on the State’s motion to subpoena his medical records, the prosecutor presented no evidence at all — just argument referring to the motion itself, which was unsworn, and attachments that were unsigned and unsworn. The court held that argument referring to unsworn paperwork is not evidence, granted certiorari, and quashed the subpoena order — adding that improper disclosure of records protected by sections 395.3025 and 401.30 is an injury that can never be undone on appeal.

Then, on August 3, 2026, the same court decided Savage v. State, No. 6D26-1612 (Fla. 6th DCA Aug. 3, 2026), a certiorari petition challenging a medical-records subpoena order out of Collier County. The court denied the petition in a single line — but the authorities it lined up against each other tell the real story. On one side, its own Roberts decision, requiring actual evidence of the nexus; on the other, McKnight v. State, 335 So. 3d 190 (Fla. 5th DCA 2022), and State v. Tavenese, 321 So. 3d 252 (Fla. 4th DCA 2021), both stating that a court may rely on the State’s argument and the accident report or probable cause affidavit. How much proof the State must actually bring to the hearing remains contested ground across Florida’s districts — which means these hearings are winnable, and worth fighting, right now.

Do You Get Notified Before the State Takes Your Records?

Yes — notice is a statutory requirement, and it is your opening to fight back. Section 395.3025(4)(d) conditions disclosure on “proper notice by the party seeking such records to the patient or his or her legal representative.” That notice exists so you can object before the hospital hands anything over: through counsel, you can contest the State’s showing at the hearing, and if the trial court gets it wrong, seek immediate review by petition for writ of certiorari — the route taken in Leka, Roberts, and Savage. Appellate courts accept these petitions precisely because, as Roberts put it, once private medical information is disclosed, the harm cannot be remedied later.

That is also why speed matters more here than almost anywhere else in a DUI case. The window to object runs from notice to the hearing date. A driver who waits until arraignment to hire counsel has usually let the single best suppression opportunity in the case pass unopposed.

How Is a Records Subpoena Different From a Blood Draw?

September 2026 update: The blood-draw side of this comparison has just been clarified. In State v. Marlin, No. 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026), the Fourth District affirmed suppression of a forced blood draw in a fatal Turnpike crash, held that the natural dissipation of alcohol is never a per se exigency, and receded from the “probable cause” language in State v. Acevedo that prosecutors had been treating as an exception to the warrant requirement. Absent actual consent or case-specific exigent circumstances, a warrant is required — regardless of Florida’s implied consent law. Our full analysis is in can police take your blood without a warrant in Florida.

They are entirely different legal events, governed by different rules — and defending a hospital-crash DUI means fighting both. A law-enforcement blood draw is taken by or at the direction of police under Florida’s implied-consent framework, and it is attacked through the Fourth Amendment: warrant, consent, or true exigency. Medical blood is different: the hospital drew it for treatment, the results sit in your patient file, and the State’s only lawful path to them is the subpoena process described on this page. We cover the law-enforcement draw — and the recent appellate scrutiny it has received — in our guides to DUI manslaughter in Florida and how DUI manslaughter cases are defended.

The practical consequence: after a serious crash, the State often has no admissible blood evidence unless it wins the subpoena hearing. That hearing — held while you are still recovering, often before charges are filed — can decide whether the most damaging number in the case ever reaches a jury.

When Does This Fight Happen — Before or After Charges?

Usually before. In crash cases with injuries, the State frequently seeks hospital records during the investigation, weeks or months before any charging decision — Leka involved a subpoena sought before a single citation had been issued. That timing creates a trap: many drivers assume that because they have not been charged, they do not need a lawyer yet. In reality, the pre-charge window is when the decisive privacy fight happens, and it is also when defense counsel can engage prosecutors before momentum builds — the same early-intervention approach our attorneys use across serious traffic cases like vehicular homicide.

How Do We Defend Against a Medical Records Subpoena?

We litigate the State’s burden element by element. Is there a genuine theory of relevance, or boilerplate? Did the State bring evidence — an accident report, a sworn affidavit, testimony — or just argument, which Roberts holds is not enough? Is the requested scope limited to the crash, or a fishing expedition through your medical history? Was the statutory notice proper? And if the trial court signs off anyway, we evaluate immediate certiorari review, where the standard — a departure from the essential requirements of the law causing irreparable harm — is exactly what these cases involve. If records were already produced, the fight shifts to excluding them and everything derived from them.

Because I am an NCDD member and our attorneys handle hospital-crash DUI cases across Tampa Bay, we also read the medical file the State wants with a defense eye: trauma-room blood results are measured on serum, not whole blood, and the difference — along with chain-of-custody and conversion disputes — gives a second layer of defense even when records come in.

Frequently Asked Questions About Medical Records in Florida DUI Cases

Can police just ask the hospital for my blood results?

No. Hospital records are confidential under section 395.3025, Florida Statutes, and protected by Florida’s constitutional right of privacy, so the State needs a court-issued subpoena and proper notice to you before the hospital may disclose them in a criminal matter. A disclosure outside that process is itself a ground for relief. Our attorneys check exactly how the State obtained every medical record in the file.

Does a DUI crash automatically give the State access to my records?

No. A crash plus a hospital visit is not, by itself, a nexus. Under Leka v. State, 283 So. 3d 853 (Fla. 2d DCA 2019) — the controlling decision in the Tampa Bay area — the State must offer a theory of relevance and evidence supporting it, such as documented impairment indicators, and the court must consider the scope of what is requested.

What happens at the subpoena hearing?

The State presents its justification, and the defense can contest it — that is where cases like Roberts are won, because argument alone is not evidence. If the judge grants the subpoena anyway, the ruling can be challenged immediately by petition for writ of certiorari rather than waiting for a trial. The Brancato Law Firm, P.A. treats this hearing as the first suppression battle of the case.

I got a notice that the State wants my hospital records. How long do I have?

Act immediately — your opportunity to object runs from the notice to the hearing, and once records are disclosed the harm cannot be undone, which is exactly why appellate courts allow emergency review in these cases. Call (813) 727-7159 as soon as the notice arrives, before the hearing date, so counsel can appear and put the State to its burden.

Can the State get records from before the crash?

The scope of the subpoena is part of the State’s burden. Courts evaluating these requests consider whether the records sought are connected to the issues in the investigation, and Leka faulted the State for never even identifying which records it wanted. Overbroad requests reaching into unrelated medical history are a primary target when we contest these subpoenas.

What if my records were already turned over?

The fight is not over. Improperly obtained records can be challenged through certiorari and suppression litigation, and how the blood was analyzed — hospital serum values versus legal whole-blood standards — remains contestable even for records that come in. The Brancato Law Firm, P.A. reviews both the legality of the disclosure and the science inside the file; call (813) 727-7159 for a free, confidential review.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

Related reading: What Is DUI in Florida? · What Is DUI Manslaughter in Florida? · How DUI Manslaughter Cases Are Defended in Florida · What Is Vehicular Homicide in Florida?

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa DUI defense practice.

The Most Important Hearing in Your DUI Case May Happen Before You’re Charged

If you were hospitalized after a crash in Hillsborough, Pinellas, or Pasco County and the State wants your medical records, the hearing on that subpoena may decide your case before a charge is ever filed. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 the day the notice arrives, because once your records are disclosed, no court can make them private again.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. In more than 25 years of Hillsborough County practice I’ve defended these cases on both sides of the causeway, and the thing clients almost never know when they call is that the charge they think of as “a boating ticket” is scored against them for the rest of their driving life. Our attorneys treat a BUI exactly as we would treat a DUI, because the statute books do.

What Does Florida’s BUI Law Actually Require?

Three things: a vessel, operation of it, and impairment. Under section 327.35, Florida Statutes, a person commits BUI who is operating a vessel in Florida and either is under the influence of alcohol, a chemical substance, or a controlled substance to the extent that their normal faculties are impaired, or has a blood-alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath.

Two of those three elements are defined far more broadly than people expect. Section 327.02, Florida Statutes defines “operate” to mean being in charge of, in command of, or in actual physical control of a vessel on the waters of this state — or exercising control over, or having responsibility for, the vessel’s navigation or safety while it is underway, or steering a vessel being towed. So the myth that you are safe if the engine is off, or if a sober friend is technically at the helm, is exactly that: a myth. Actual physical control is enough.

The same section defines “vessel” as synonymous with a boat, including every description of watercraft, barge, and airboat other than a seaplane on the water, “used or capable of being used as a means of transportation on water.” Floating structures — floating homes, floating restaurants, and similar permanently moored structures — are expressly excluded.

That last phrase is where the real litigation happens, and Tampa Bay’s own appellate court has told us so. In State v. Davis, No. 2D12-1409 (Fla. 2d DCA Feb. 27, 2013) — a Punta Gorda case in which an officer watched the defendant shift a twenty-five-foot boat between forward and reverse twenty-five yards off a waterfront bar — the Second District held that the State does not have to prove the boat was subject to a license tax to prove BUI. What matters, the court explained, is “the vessel’s use for transportation on water,” not its registration status. (Read the opinion.) The practical read for a defense lawyer is the flip side of the holding: if the thing your client was aboard is not used or capable of being used to transport people on water, it is not a vessel, and there is no BUI.

How Is a BUI Different From a DUI in Florida?

Side by side, the two statutes are close cousins with a few consequential differences:

The cross-counting is the part that ambushes people, and it runs in both directions by express statutory text. Section 327.35 provides that a conviction for violating section 316.193 counts as a previous conviction under the BUI statute; section 316.193 in turn provides that “any conviction for a violation of s. 327.35” is also considered a previous conviction under the DUI statute. A client who took a quick plea on a BUI five years ago because “it’s not a driving charge” can walk into a first-ever traffic stop and find themselves charged as a second offender, with the mandatory minimums that come with it.

The absence of a license suspension cuts the other way, and honestly: it removes the single biggest source of urgency in an ordinary DUI. There is no ten-day clock. That is genuinely good news, and it is also why BUI clients so often wait too long to hire counsel — nothing forces the issue until the case is already deep in the discovery calendar.

What Are the Penalties for a BUI in Florida?

They escalate on the same shape of ladder as a DUI, and the mandatory jail arrives on the second conviction:

Two enhancements sit on top of that ladder. A blood- or breath-alcohol level of 0.15 or higher, or having a passenger under 18 aboard, raises the fine range to $1,000–$2,000 for a first conviction, $2,000–$4,000 for a second, and at least $4,000 for a third or subsequent — and raises the jail exposure to nine months on a first and twelve on a second. For the 0.15 enhancement, only the instant offense has to qualify.

And every BUI conviction, regardless of level, carries mandatory monthly reporting probation and a court-specified substance abuse course, with evaluation and treatment at the defendant’s expense as a condition of that probation. When at least 48 hours of a mandatory sentence must be served consecutively, the statute says so — which is the answer to the common question of whether the ten days can be split into weekends.

When Does a BUI Become a Felony in Florida?

The moment somebody gets hurt. Section 327.35(3) grades BUI by consequence, not by intent:

• Damage to the property or person of another — first-degree misdemeanor.
• Serious bodily injury to another, as defined in section 327.353 — third-degree felony.
• Death of any human being, or of an unborn child — BUI manslaughter, a second-degree felony.
• BUI manslaughter with aggravation — a first-degree felony if the operator knew or should have known an accident occurred and failed to give information and render aid as required by section 327.30, or if the operator has a prior BUI manslaughter, DUI manslaughter, vehicular homicide, or vessel homicide conviction.

And since Lucy’s Law took effect on July 1, 2025, a BUI manslaughter conviction carries a mandatory minimum term of four years in prison — the same floor the Legislature had already imposed for DUI manslaughter. That is a sentence a judge cannot go below no matter how sympathetic the defendant or how cooperative the plea. Our full breakdown of the 2025 changes is in our article on Lucy’s Law and the new BUI and boating felony rules; the parallel to the road is covered in DUI manslaughter in Florida.

Prosecutors also routinely stack a separate charge under section 327.33, Florida Statutes, which now grades reckless operation of a vessel — willful or wanton disregard for the safety of persons or property — as a second-degree misdemeanor with no accident, a first-degree misdemeanor if the accident damages property or injures a person, and a third-degree felony if it causes serious bodily injury. Careless operation, by contrast, is a noncriminal violation. The line between “careless” and “reckless” is doing a great deal of work in these cases, and it is worth fighting over.

Can Police Stop My Boat Without a Reason?

Yes — and this is the single biggest legal difference between the water and the road. Section 327.70, Florida Statutes authorizes Florida Fish and Wildlife Conservation Commission officers, sheriff’s deputies, municipal police, and other certified officers to “cause any inspections to be made of all vessels” under chapters 327 and 328. And in State v. Casal, 410 So. 2d 152 (Fla. 1982) — a case in which the Marine Patrol stopped a motorboat off the Florida coast to check permits and registration — the Florida Supreme Court held that random stops of motorboats for the limited purpose of checking fishing permits, registration certificates, and safety equipment are reasonable under the Fourth Amendment. The court’s reasoning was practical: “Unlike an automobile, a boat at sea can travel in any direction,” and it “would be impossible to establish a checkpoint on the water since boats cannot come to a complete stop and line up behind each other on the water as cars can on roads.” (Read the opinion.)

So the answer to “he had no reason to stop me” is usually that he did not need one. But Casal is only half a holding, and the second half is where cases are won. The same court held that “after the initial stopping and boarding a vessel the marine patrol must have probable cause before conducting any further search or inspection” — and it found that the specific facts before it (no registration certificate, and an icebox with no ice on a boat supposedly bound for the Bahamas) were “suspicious circumstances but did not constitute probable cause.”

That two-step structure is the framework for every BUI suppression motion our attorneys file. The regulatory stop is nearly unassailable. What follows it is not: the expansion into an impairment investigation, the order to submit to seated exercises, the search of the cabin and the cooler, and ultimately the arrest each need their own justification, and the officer’s report frequently supplies less of it than the officer believes.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

What Happens If You Refuse the Breath Test on the Water?

Something quite different from what happens in a car — and the difference has narrowed sharply in the last year. Under section 327.352, Florida Statutes, anyone who operates a vessel in Florida is deemed to have consented to a breath test for alcohol, or a urine test for chemical or controlled substances, incidental to a lawful arrest where the officer has reasonable cause to believe the person was operating under the influence. A blood test is reserved for circumstances in which breath or urine testing is impractical or impossible. And the statute makes the refusal itself admissible: refusal to submit to a lawful chemical or physical breath test “is admissible into evidence in any criminal proceeding.”

The penalty structure then splits in two:

Read that third row twice, because it is the trap. Section 327.359, Florida Statutes makes a refusal on the water a criminal offense not only for the boater with a prior boating refusal, but for the boater whose driver license was previously suspended for refusing a breath, urine, or blood test in a car case. A driver who refused years ago on Dale Mabry can commit a first-degree misdemeanor by refusing for the first time ever on Tampa Bay. That provision arrived with Trenton’s Law, which we cover in Trenton’s Law and Florida’s enhanced DUI and BUI penalties, alongside the parallel change to car refusals discussed in breathalyzer refusal in Florida.

Note also what section 327.35215 requires of the State: certified statements from law enforcement documenting probable cause for the arrest and the refusal, plus sworn confirmation that the person was advised of the penalties and of the hearing procedure. Those are elements, not formalities, and they are not always in the file.

How Do Our Attorneys Defend BUI Charges?

By attacking the two elements that the marine environment makes weakest.

The impairment evidence. Roadside field sobriety exercises were designed, validated, and normed for a person standing on flat, stationary pavement. Almost none of that survives a boat deck. A person who has spent six hours in the sun, in wind, on a rocking hull, dehydrated, sunburned, and hearing-fatigued from an outboard motor will perform badly on balance and divided-attention tasks while stone sober — and “sea legs” persist for a meaningful period after stepping onto a dock. Officers know this, which is why the water versions of these exercises are seated tasks with far thinner scientific pedigree than the walk-and-turn. Cross-examination on what the exercise actually measures, and on whether the officer administered and scored it as trained, is often the whole case.

The vessel and operation elements. Davis tells us the State must prove a vessel used or capable of being used to transport people on water. Where a client was aboard a floating structure, a disabled hull, or something the statute excludes, that element fails. And where the person charged was not in charge, in command, or in actual physical control — a passenger, a person asleep in a berth, a person whose sober companion had the helm — the State’s proof on operation is frequently assumption dressed up as observation.

Beyond that, the ordinary chemistry defenses all apply: the breath test on a BUI is administered at a dock or a jail, often well after the last drink and well after the stop, which raises both the rising-BAC problem and a foundation problem about the twenty-minute observation period. Body-camera coverage on the water is far spottier than on the road; where the video does not exist, the report is the only account, and reports are testable. And because there is no administrative suspension to litigate, the entire fight lives in the criminal case, where the burden is beyond a reasonable doubt.

What Should You Do After a BUI Arrest?

Treat it as the DUI it will one day be counted as. Before your first court date:

1. Say nothing about how much you drank, to anyone but your lawyer. The single most damaging sentence in most of these files is the client’s own estimate.
2. Write down the day while you remember it — when you launched, what you ate, how long you were in the sun, who was at the helm, what the water was doing, and what the officer said and did in what order.
3. Preserve the evidence that disappears. Photos and video from everyone aboard, the marina’s cameras, receipts that fix a timeline, and the names of witnesses who will scatter within the week.
4. Get counsel before the arraignment. Not because a clock is running, but because the first plea offer in a BUI case is usually built on the assumption that no one is going to test the officer’s report.
5. Count your priors accurately, including DUIs. Whether your prior is a car case or a boat case, it counts. The difference between a second and a third conviction is the difference between mandatory days and a felony.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa DUI defense practice.

Frequently Asked Questions About BUI in Florida

Can you get a BUI on a kayak, canoe, paddleboard, or jet ski?

A jet ski is unambiguously a vessel, and BUI applies. Human-powered craft are the harder question: the statutory definition reaches “every description of watercraft” used or capable of being used as a means of transportation on water, which on its face includes a kayak or canoe, and Florida officers do charge these cases. Paddleboards raise a genuinely contestable definitional argument. If you were charged while on a paddleboard, kayak, or canoe, the vessel element is worth litigating rather than conceding.

Does a BUI suspend my driver license in Florida?

No. A BUI conviction under section 327.35 carries no driver license suspension or revocation, and there is no administrative suspension at arrest and no ten-day formal review hearing to demand. Be careful, though: refusing the test on the water can produce criminal exposure under section 327.359 if your license was previously suspended for a refusal in a car case.

Do prior DUI convictions count toward a BUI enhancement?

Yes — and the reverse is equally true. Section 327.35 counts a prior conviction under section 316.193 as a previous BUI conviction, and section 316.193 counts a prior BUI as a previous DUI conviction. Out-of-state alcohol- and drug-related driving convictions can also count. This is the reason we pull a complete criminal and driving history in every one of these cases before discussing any resolution.

Can I be charged with BUI if the boat was anchored or the engine was off?

Possibly, yes. “Operate” is defined to include being in charge of, in command of, or in actual physical control of a vessel — the same actual-physical-control concept that lets the State charge DUI for a parked car. Whether the State can prove it on your facts is a different question, and one worth fighting. Whether the craft counts as a vessel at all is the other.

What is BUI manslaughter, and is there a mandatory prison sentence?

BUI manslaughter is a BUI that causes or contributes to causing the death of a human being or an unborn child. It is a second-degree felony, elevated to a first-degree felony if the operator knew or should have known an accident occurred and failed to give information and render aid, or has a qualifying prior. Since July 1, 2025 it carries a mandatory minimum of four years in prison.

Is a BUI checkpoint on the water legal?

The Florida Supreme Court’s reasoning in Casal was that a fixed checkpoint is physically impossible on open water, which is precisely why random regulatory stops of vessels were held reasonable. In practice, what you encounter is a safety and registration inspection that can lawfully begin without any suspicion at all. What officers do after that first contact is where the Fourth Amendment still has teeth.

Will a BUI show up on a background check?

Yes. A BUI is a criminal charge and a criminal conviction, and it appears in the same places a DUI does. Structuring a disposition with that consequence in view — a withhold of adjudication, a reduction, a diversion where available — is often more valuable to a client than shaving days off a sentence.

If you or a family member has been arrested for boating under the influence anywhere on Tampa Bay, the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — will look at the stop, the exercises, the test, and the vessel itself before anyone talks about a plea. Call (813) 727-7159. The charge is treated like a DUI by the statute books; it deserves to be defended like one.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

What Is Trenton’s Law?

On October 1, 2025, a sweeping new Florida law known as Trenton’s Law took effect, fundamentally changing how DUI and BUI offenses are prosecuted and punished in Florida. This legislation represents one of the most significant expansions of DUI penalties in recent Florida history.

Specifically, Trenton’s Law accomplishes four major objectives: it criminalizes refusal to submit to chemical testing, enhances penalties for repeat offenders, increases sentencing for DUI and BUI manslaughter, and updates Florida’s Criminal Punishment Code to impose higher sentencing points for impaired driving offenses. Consequently, anyone arrested for DUI or BUI after October 1, 2025 faces substantially more severe consequences than under prior law.

Breath Test Refusal Is Now a Crime

One of the most significant changes under Trenton’s Law is the criminalization of breath and urine test refusal. Prior to October 1, 2025, refusing a lawful request for chemical testing resulted in an administrative license suspension but was not itself a criminal offense.

Under the new law, refusing to submit to testing now carries the following criminal penalties:

Moreover, officers must now clearly advise drivers that refusing a lawful test is not only grounds for license suspension but also a crime that can be prosecuted. This expanded implied consent warning ensures defendants cannot claim ignorance of the criminal consequences.

Enhanced DUI and BUI Manslaughter Penalties

Trenton’s Law dramatically increases penalties for DUI manslaughter, BUI manslaughter, vehicular homicide, and vessel homicide—particularly for defendants with prior convictions. Under the new law, these offenses are now elevated to first-degree felonies when the defendant has a prior conviction for any of these offenses.

Prior Convictions That Trigger Enhancement

A defendant’s current charge will be elevated to a first-degree felony if they have any prior conviction for:

• DUI manslaughter (Florida Statute § 316.193(3)(c)3)
• BUI manslaughter (Florida Statute § 327.35(3)(c)3)
• Vehicular homicide (Florida Statute § 782.071)
• Vessel homicide (Florida Statute § 782.072)

Trenton’s Law: Before and After Comparison

Offense Severity Ranking Changes

Trenton’s Law also updates Florida’s Offense Severity Ranking Chart under the Criminal Punishment Code. DUI, BUI, vehicular homicide, and vessel homicide offenses have been moved higher on the chart, resulting in significantly more sentencing points.

In Florida’s sentencing system, higher offense severity rankings translate directly into longer mandatory minimum sentences and increased prison exposure. Therefore, even defendants without prior convictions will face harsher guideline sentences for DUI and BUI offenses committed after October 1, 2025.

Boating Under the Influence (BUI) Enhancements

Trenton’s Law applies identical enhancements to boating under the influence offenses. For Tampa Bay area boaters—including those in Hillsborough, Pinellas, and Pasco counties—this means that BUI arrests now carry the same serious consequences as DUI arrests.

Specifically, the law provides that:

• Refusing breath or urine testing during a BUI investigation is now a criminal offense
• BUI manslaughter with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide is a first-degree felony
• Vessel homicide carries enhanced sentencing points under the Criminal Punishment Code

What Trenton’s Law Means for Tampa Bay Drivers and Boaters

For drivers and boaters across Tampa Bay—including Hillsborough, Pinellas, and Pasco counties—Trenton’s Law significantly raises the stakes in DUI and BUI cases. The changes affect everyone from first-time offenders to those with prior records.

A refusal to blow is no longer just an administrative suspension—it can now lead to a permanent criminal record. Likewise, repeat DUI or BUI offenders face life-altering felony enhancements that can result in decades of prison time.

If you or a loved one is charged under this new law, it is crucial to work with an experienced defense attorney who understands both the criminal trial process and the nuances of Florida’s sentencing guidelines.

Frequently Asked Questions: Trenton’s Law

What is Trenton’s Law in Florida?

Trenton’s Law is a 2025 Florida statute that significantly increases penalties for DUI and BUI offenses. The law criminalizes breath test refusal, enhances penalties for repeat offenders, elevates DUI and BUI manslaughter to first-degree felonies for defendants with prior convictions, and increases sentencing points under Florida’s Criminal Punishment Code. It takes effect October 1, 2025.

Does refusing a breath test now carry criminal charges in Florida?

Yes. Under Trenton’s Law, refusing to submit to a lawful breath or urine test is now a criminal offense. A first refusal is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.

What happens if someone with a prior DUI manslaughter conviction causes another fatal crash?

Under Trenton’s Law, they can now be charged with a first-degree felony, which carries a maximum penalty of 30 years in state prison. This is a dramatic increase from the previous second-degree felony classification, which carried a maximum of 15 years.

Does Trenton’s Law apply to boating under the influence (BUI)?

Yes. The law applies identical enhancements to BUI offenses. Refusing testing during a BUI investigation is now a criminal offense, and BUI manslaughter with a prior conviction is now a first-degree felony. Vessel homicide also receives enhanced sentencing points.

When does Trenton’s Law take effect?

Trenton’s Law takes effect on October 1, 2025. All DUI and BUI arrests occurring on or after this date will be subject to the new enhanced penalties, including criminal charges for refusal.

Should I refuse the breath test under the new law?

This is a complex legal question that depends on your specific circumstances. Under Trenton’s Law, refusal now carries criminal penalties in addition to license suspension—but providing a breath sample can also provide evidence for the prosecution. An experienced DUI attorney can help you understand the strategic considerations based on your individual situation.

What prior convictions trigger the first-degree felony enhancement?

The first-degree felony enhancement applies if the defendant has any prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide. Any one of these prior convictions will elevate a new DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide charge to a first-degree felony.

How can a Tampa DUI attorney help with charges under Trenton’s Law?

An experienced Tampa DUI attorney can challenge the legality of the traffic stop, question the administration of field sobriety tests, challenge breath test results, file motions to suppress evidence, negotiate with prosecutors for reduced charges, and advocate for alternative sentencing. Given the enhanced penalties under Trenton’s Law, aggressive defense from the earliest stages is critical.

Related:

• Tampa DUI Lawyer – Full DUI defense services
• Tampa CDL DUI Suspension Attorney – Commercial license defense
• Retrograde Extrapolation: Challenging BAC Evidence in Florida DUI Cases
• Tampa Boating Law 2025 Lucy’s Law

New Tampa Boating Law: How Lucy’s Law Changes the Rules for Pinellas and Hillsborough Boaters in 2025

Starting July 1, 2025, a sweeping new Florida boating law, known as “Lucy’s Law,” will permanently alter the landscape for boaters across Tampa Bay. Passed in May 2025 in response to a tragic boating death, this law introduces severe penalties for common marine incidents. Consequently, a casual day on the water can now have life-changing legal consequences.

If you operate any vessel in Tampa, St. Petersburg, Clearwater, or anywhere on the Intracoastal Waterway, you must understand these changes. This isn’t just another regulation; it’s a complete overhaul of boater responsibility that local law enforcement will be enforcing aggressively.

What is Lucy’s Law? A Guide for Tampa Bay Boaters

Lucy’s Law, officially CS/CS/CS/HB 289, raises the stakes for everything from boating under the influence BUI to leaving the scene of an accident. Here’s a clear breakdown of what every local boater, from the weekend enthusiast at Fort De Soto to the vessel rental operator at John’s Pass, needs to know.

1. Leaving a Boating Accident is Now a Major Felony

Previously, the consequences for leaving the scene of a boating accident were less severe. Under Lucy’s Law, this has changed dramatically. Failing to stop, provide your information, and render aid after a boating accident is now a felony.

The penalties escalate based on the severity of the incident:

• Accident with Injury: A third-degree felony.
• Accident with Serious Bodily Injury: A second-degree felony.
• Accident with a Fatality: A first-degree felony. Furthermore, if a captain willfully leaves the scene of a fatal crash, they face a mandatory minimum of 4 years in prison.

This is a critical update for boaters in high-traffic zones like the Courtney Campbell Causeway, Davis Islands, or near Beer Can Island.

2. BUI Manslaughter Penalties Mirror DUI Law

Lucy’s Law directly aligns penalties for Boating Under the Influence BUI with those for driving under the influence DUI. This is a significant shift aimed at reducing alcohol-related tragedies on crowded waters like Lake Tarpon and Hillsborough Bay.

Specifically, an operator involved in a fatal boating accident while impaired faces:

• BUI Manslaughter: A second-degree felony.
• Leaving the Scene of a Fatal BUI: A first-degree felony with mandatory prison time.

Because of this change, law enforcement in both Hillsborough and Pinellas counties will treat BUI incidents with the same gravity as DUIs on the road.

3. “Reckless Operation” Carries Felony Consequences

What might have been considered a careless joyride in the past now carries much heavier penalties. Reckless or careless operation of a vessel, such as operating at high speeds near swimmers or crowded sandbars, is now a more serious offense.

• Reckless Operation No Injury: A first-degree misdemeanor.
• Reckless Operation Causing Serious Bodily Harm: A third-degree felony.

This provision gives authorities more power to crack down on dangerous behavior near popular spots like Clearwater Pass and the Gandy Bridge.

4. It is Now a Crime to File a False Boating Accident Report

Under the new statute, it is illegal to knowingly provide false information, written or oral, following a boating accident. This is classified as a second-degree misdemeanor. This law targets anyone tempted to misstate the facts to avoid liability, even in a minor collision.

5. Mandatory Fines and Safety Courses for Violators

The new law also imposes stricter educational requirements and fines. Repeat offenders or anyone involved in a “reportable” boating accident must:

• Pay a 500 dollar fine, with the funds directed to marine law enforcement agencies.
• Successfully complete a state-approved boating safety course.
• File proof of course completion before being legally allowed to operate a vessel again.

This directly impacts recreational boaters and rental customers throughout the Tampa Bay area.

How Lucy’s Law Impacts Boaters in Hillsborough and Pinellas

As one of Florida’s busiest boating regions, Tampa Bay will be a focal point for the enforcement of Lucy’s Law. From Apollo Beach to Indian Rocks Beach, expect to see a more aggressive stance from the Hillsborough County Sheriff’s Office, Pinellas County Sheriff’s Office, and the Florida Fish and Wildlife Conservation Commission FWC.

This means you can anticipate:

• More Felony Arrests: Accidents that once might have resulted in misdemeanors or civil liability will now trigger felony charges.
• Harsher BUI Penalties: There will be less leniency for boaters found operating while impaired.
• Increased Scrutiny on Rentals: The law expands the definition of a “livery,” placing more responsibility on anyone renting out a vessel, even informally.

If you are involved in a marine incident, it is critical to consult a lawyer before making any statements. An experienced criminal defense attorney can secure evidence like GPS data, witness accounts, and medical records to protect your rights, often before formal charges are even filed.

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa DUI defense practice.

Facing a BUI or Boating Charge in Tampa? Your Freedom is on the Line.

Under Lucy’s Law, there is no such thing as a minor boating incident anymore. You could be facing felony charges, mandatory prison time, and the loss of your freedom and reputation over a mistake on the water. Do not talk to law enforcement or wait for charges to be filed. The single most important step you can take right now is to secure an experienced BUI and boating defense lawyer.

The Brancato Law Firm is your first line of defense. With over 25 years of felony trial experience right here in Tampa Bay, we know how to challenge evidence, negotiate with prosecutors, and build a powerful defense designed to protect your future.

Don’t Risk a Felony Conviction. Call Us Immediately for a Confidential Strategy Session.

Your defense starts with one phone call. We will immediately review the details of your case and outline the critical next steps to protect you. We serve all of Tampa Bay from our office in historic Ybor City.

Call Now: (813) 727-7159

Legal Services: Felony Defense for BUI and Boating Accidents

Service Areas: Tampa, St. Petersburg, Clearwater, Hillsborough County, and Pinellas County

The Brancato Law Firm, P.A. – Tampa’s Authority in Boating Crime Defense