Back on Track DUI Program in Miami-Dade County

Fasten Your Seatbelts: DUI Diversion Program Takes The Road

You may have made a mistake in judgment and found yourself with your first arrest in your life…a DUI.

If you are a first offender there may be a way to avoid the stigma of a DUI conviction by participating in the Back on Track Program in Miami. Admission to the program is not automatic. We can help you through the admission process, guide you through the steps during the program and ultimately apply for a sealing of the criminal record of your arrest.

Eligibility for the Back on Track Program

The program is monitored by two private not-for-profit companies, Court Options and The Advocate Program. Many first-time DUI offenders will be given the opportunity to avoid a DUI conviction by participating in the program. Some of the requirements are to attend substance abuse classes and counseling, perform community service, submit to drug testing, pay fines, donations and MADD victim impact classes.

The State Attorney's Office has structured its eligibility process for the program to make it available in a limited number of cases. The present case must be your first arrest for DUI, regardless if the DUI charge was dismissed or you were found not guilty; you must not have caused an accident or injury, no minor children in the car during the incident and no open alcohol containers. Often, single-car accidents with no significant damage to other property, may be eligible.

If you have a prior criminal record, a prior felony arrest resulting in either an adjudication of guilt or a withhold of adjudication will disqualify you. For misdemeanors, no more than five prior misdemeanor convictions or withholds. You must not have completed more than one misdemeanor diversion program and must not have been driving on a suspended license when arrested for the DUI. Occasionally, people will be ineligible as a result of the driving pattern or conduct during the DUI arrest (reckless driving, high rate of speed, fleeing a police officer, resisting arrest).

Additionally, the state will review your entire criminal record, including traffic. If you have excessive points on your driving record, or previous reckless driving, Leaving the Scene of an Accident or traffic infractions resulting in injury or fatality convictions or withholds, you will be ineligible. Finally, if your breath test result is higher than a .25, you are preliminarily ineligible for the program.

What If I Don't Qualify?

This is where the rubber meets the road.

We were present during the inception of the Back on Track Program in Miami and have stayed current with its evolution, changes and modifications that have taken place since May 2011. We have been able to secure admission into the program even in cases of automobile accidents with police cars, excessive points, high breath test results and drug possession. Program conditions are constantly being modified by the State Attorney's Office.

It's not an easy road, but the need to keep your record clean is crucial.

Seeking admission into the program is an important decision that should be discussed with a Miami DUI Attorney. Keep in mind that the program could help you avoid a conviction, jail time, and a criminal record.

We can help. Contact Miami DUI Attorney Jonathan Blecher at 305.321.3237 or 305.670.1800.

Jonathan Blecher, Esq. is a criminal defense attorney, based in Miami, Florida. He has defended more than 3,000 DUI cases in over 30 years of criminal law practice. He assists residents residing in all of Miami-Dade County, including Key Largo, Key Biscayne, Kendall, Homestead, Fountainebleau, Coral Gables and The Hammocks.

Back on Track Program Criteria

  • Defendant must not have any alcohol-related driving history where disposition is either withhold of adjudication or a conviction.
  • Defendant may have no felony convictions or withholds of adjudication, or up to two prior misdemeanor convictions or withholds.
  • Defendant may have completed no more than one misdemeanor diversion program and no more than one felony diversion program.
  • The defendant must not have been at fault on an accident, if one was involved as part of the incident.
  • There must not have been minor children in the vehicle at the time of the arrest.
  • Under .25 BAC.
  • Defendants who were arrested for DUI during the period of a suspended license will be denied admission into the program. If the suspension period has expired and the defendant is eligible to obtain a license but has not done so at the time of the DUI arrest, the defendant will still be eligible to participate.


Tier Tier 1 Tier 2
Breath/Blood Limit Below .15 .15 or Above, up to .20 or Refusal
Program Length 6-9 months 9-12 months

Conditions, Costs, Donations and Program Fees

Tier Tier 1 Tier 2
Monetary Donation $300 $500
DUI School & Substance Abuse Evaluation $290 $290
Treatment if Required $300-$500 (estimate) $300-$500 (estimate)
Cost of Prosecution $50 $50
Cost of Supervision $500 $650
Cost of Recovery to Law Enforcement As requested by law enforcement As requested by law enforcement
Community Service 40 hours 60 hours
Victim Impact Class
(2 hours) + YouImpact Online Class
$140 (for both) $140 (for both)
Ignition Interlock Device 90 Days 180 Days
Approximate Total $1,500-$2,000 $2,200-$3,000

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Jonathan Blecher, P.A. - Miami DUI Attorney
Located at 9150 S Dadeland Blvd, Dadeland Centre II, Suite 1010 Miami, FL 33156. View Map
Phone: (305) 670-1800
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