Back on Track DUI Program Miami Dade

Jonathan Blecher, Esq. -Miami DUI Defense Attorney

Fasten Your Seatbelts: DUI Diversion Program Takes The Road

Brought on by a significant number of DUI cases lost in court, and mounting overtime paid to police, the Miami-Dade State Attorney’s Office is rolling out a DUI diversion program targeted at first offenders.

The program will be monitored by two private not-for-profit companies, Court Options and The Advocate Program. Some first-time DUI offenders will be given the opportunity to avoid a DUI conviction by participating in the program. They will be required to attend substance abuse classes and counseling, perform community service, submit to drug testing, pay hefty fines and, in some cases, have an ignition interlock device installed on their car.

Offenders charged with causing accidents or having minors in the car will not be eligible for these programs. Offenders with any alcohol-related past may not be eligible. The approximate financial costs of the programs will range from $2,000 to $3,000. Upon successfully complete the program, the State will amend the DUI charge to Reckless Driving with a withheld adjudication of guilt.

The bad news about the diversion program is that in order to take advantage of it, you may first be required to agree to a “statement of responsibility” or plead guilty (or "no contest") to DUI. You cannot challenge any aspect of the DUI case. If you don’t complete the terms of the diversion program, either the statement will be used against you at trial or a conviction may be entered and you will be sentenced by the court.

I strongly advise people to consult with a qualified criminal lawyer before deciding what to do.

Jonathan Blecher, Esq. is a criminal defense attorney, based in Miami, Florida. He has defended more than 3,000 DUI cases in over 29 years of criminal law practice.

 

Back on Track Program Criteria

• Defendant must not have alcohol-related driving history where disposition is either withhold of adjudication or a conviction.
• Defendant may have up to one-prior, non-violent felony conviction, and up to two prior misdemeanor convictions.
• 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.
• 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; or Refusal
Program Length	6-9 months	12 months

Conditions, Costs, Donations and Program Fees

Tier	Tier 1	Tier 2
Vehicle Actions	10-day impound $100	3-month ignition interlock $305
Monetary Donation	$300	$500
DUI School & Substance Abuse Evaluation	$252	$387
Treatment if Required	$300-$500	$300-$500
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)	$40	$40
Approximate Total	$1,500-$2,000	$2,200-$3,000

 

 

 

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