In Driving Under the Influence (DUI), Uncategorized

The “Back On Track DUI Diversion Program” is a program for first time DUI offenders that is operated by third-party non-profit organizations in conjunction with the Monroe County Office of State Attorney. The program allows qualifying first time offenders to have their DUI charge reduced to Reckless Driving with a Withhold of Adjudication, following completion of a set of requirements and conditions. Those conditions and requirements of the program may be completed outside Monroe County and even outside of Florida. An experienced Florida criminal defense DUI attorney can assist all drivers eligible for the program.

To qualify the defendant driver:

  • Must not have any alcohol-related driving history, where the disposition was either withhold of adjudication or a conviction.
  • May have no prior felony convictions or withholds of adjudication,
  • May have no prior misdemeanor convictions or withholds of adjudication.
  • May have completed no more than one misdemeanor diversion program and no more than one felony diversion program.
  • Must have a breath, blood, and urine BAC level under 0.25.
  • Must not have been at fault on an accident, if one was involved as part of the incident. (Usually, drivers in single-car accidents with no significant damage to other property may still be eligible for the back on track program.)
  • Must not have had any minor children in the vehicle at the time of the arrest.

Drivers charged with DUI that meet the admission criteria will qualify for either the Tier One or the Tier Two Diversion Program. The distinguishing factor between the two tiers is the BAC level of the driver. Drivers that refuse a blood, breath, or urine test, or have a BAC of .15 or higher qualify for the Tier Two program, while drivers with a BAC of .15 or below qualify for Tier One.

Both Tier One and Tier Two drivers may not use alcohol while in the program. Tier One Drivers participate in the program for nine (9) months, perform forty (40) hours of community service, and are subject to a ten-day impoundment of their motor vehicles. Tier Two drivers participate for twelve months, perform sixty (60) hours of community service and, in addition to the ten-day impoundment, may have a breath alcohol ignition interlock device installed in their automobiles for three months. Community service may take place at any not-for-profit organization with the approval of the enrollee’s probation officer. Some of the program’s other requirements are for the defendant driver to submit to drug testing and attend substance abuse classes and counseling.

Defendants will be denied admission into Back On Track if they had been arrested for DUI during the period of a suspended license. They will not be denied admission, if a license suspension period has expired and they were eligible to obtain a license, but had not yet done so when arrested for DUI.

If you have questions about whether qualify for the Back On Track DUI Diversion Program in Monroe County, call Alan Fowler, an experienced Florida Keys criminal defense attorney, for a consultation at 305.912.2516.

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