CS for CS for SB 138 — "Trenton's Law": Driving and Boating Offenses

• Expands DUI and BUI offenses to include driving or operating a vessel while under the influence of "any impairing substance," broadening the scope beyond alcoholic beverages, chemical substances, and controlled substances currently listed in law.

• Makes first-time refusal to submit to a breath or urine test a second-degree misdemeanor (currently no standalone criminal penalty for first refusal), with subsequent refusals remaining a first-degree misdemeanor; prohibits courts from suspending, deferring, or withholding adjudication for refusal-to-test violations.

• Enhances DUI manslaughter and vehicular homicide to first-degree felonies (up from second-degree) if the person has a prior conviction for either offense, and imposes mandatory minimum jail sentences of 30, 60, or 90 days for driving on a DUI-suspended or refusal-suspended license depending on the number of convictions.

• Authorizes state attorneys to create DUI diversion programs, requiring publication of program terms online and notification to the Department of Highway Safety upon completion; a person who successfully completes a diversion program is permanently ineligible for future participation.

• Permits issuance of search warrants to obtain blood samples as evidence in DUI or BUI cases, and the act takes effect October 1, 2025.