In Miami-Dade County, some first time DUI offenders are given the opportunity to have their charges reduced to a Withhold of Adjudication for Reckless Driving. This is accomplished by participating in a DUI diversion program known as the Back on Track Program. Upon completion, a person's criminal record for a DUI can be sealed, essentially allowing them to move forward with a clean slate. In order to qualify, however, several requirements must be met.
A person must meet the following requirements for admission:
- No alcohol-related driving history convictions or previous withhold of adjudication dispositions
- No more than one prior non-violent felony convictions and two misdemeanor convictions
- This must be a person's first DUI arrest
- The driver cannot have caused an accident
- The driver cannot have caused any injuries
- No children were in the car at the time of the arrest
- No open alcohol containers in the vehicle at the time of the arrest
- The driver was not driving with a suspended license
- The driver's blood alcohol concentration (BAC) did not exceed 0.25
What are the Different "Tiers" of the Program?
If a person's situation satisfies all of the above requirements, they may be admitted to the program. From there, participants will be divided into two different categories depending on their BAC at the time of their arrest. The first category, Tier 1, applies to those who registered a BAC below 0.15. Those who exceed this amount are considered Tier 2.
Tier 2 participants have more extensive conditions that apply to the program, such as longer involvement, ignition interlock device usage and higher monetary costs. All participants, however, are required to attend DUI School and Substance Abuse Evaluation, serve varying amounts of community service, and participate in a Victim Impact Class.
In Legal Trouble? Call Jonathan Blecher, P.A.
If you have been arrested for a first-time DUI, I, Attorney Jonathan Blecher can advocate on your behalf and help you apply for the Back on Track Program. Having more than 30 years of dedicated legal experience and a 10.0 Superb Avvo Rating, my firm has the skills you need to maximize your chances of a desirable outcome. To get started towards retaining the powerful representation you need, contact my firm online or call (305) 677-0563 to discuss your case with a top-notch Miami DUI attorney!