Back on Track DUI Program in Miami-Dade County


Call (305) 677-0563 to See If You Qualify for DUI Diversion!


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 you can avoid the stigma of a DUI conviction: by participating in the Back on Track Program in Miami.

Why Our DUI Attorney Is Qualified to Help You

  • He is backed by 30+ years' legal experience
  • Former prosecutor on your side with trial-tested counsel
  • He has defended 3,000+ DUI cases in Florida
  • Top-rated by clients and peers, he has a perfect 10.0 Superb Avvo Rating

Admission to the Back on Track 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. Find out how we can help you move forward from a DUI arrest with a clean slate.


See if you qualify for Back on Track: Call (305) 677-0563 or request a no-cost consultation online!


Am I Eligible for the Back on Track Program?

To qualify for this DUI diversion program:

  • This must be your first DUI arrest (even if a prior DUI charge was dismissed or you were found not guilty)
  • You can't have caused an accident
  • You can't have caused an injury
  • No minor children can have been in the car during the incident
  • No open alcohol containers could have been in your vehicle

Usually, if you were in a single-car accident with no significant damage to other property, you may still be eligible for the Back on Track DUI 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.

What can disqualify me for the Back on Track program?

  • Breath test higher than a 0.25
  • A prior felony arrest that resulted in conviction or a withholding of adjudication
  • More than 5 prior misdemeanor convictions or withholds
  • Completion of more than 1 misdemeanor diversion program
  • Driving on a suspended license when arrested for the DUI
  • Driving pattern during DUI arrest (reckless driving, speeding, fleeing a police officer, resisting arrest)

Additionally, the state will review your entire criminal record, including your traffic record. 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.

What If I Don't Qualify for DUI Diversion?

This is where the rubber meets the road. Program conditions are constantly being modified by the State Attorney's Office. We were present during the inception of the Back on Track Program in Miami and have kept current with its evolution, staying on top of the changes and modifications that have taken place since May 2011. It's not an easy road, but the need to keep your record clean is crucial.

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.

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 you combat a 1st DUI offense.
Contact Miami DUI Attorney Jonathan Blecher at (305) 677-0563.


Back on Track Program Criteria - To Sum Up

  • 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.

Classification

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

Have more questions? Ready to start your 1st DUI charge defense? Call (305) 677-0563 or schedule your no-cost case review online today!


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.

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
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