A first-time DUI charge in Florida can have serious, long-lasting consequences that impact your career, driving privileges, and personal freedom. While facing these charges can feel overwhelming, many Florida counties offer diversion programs that allow qualifying first-time offenders to avoid traditional prosecution and minimize the long-term effects of a DUI arrest.
Understanding your options, including Florida DUI diversion program eligibility and requirements, can significantly affect the outcome of your case. These programs aren't right for everyone, but if you’ve been arrested for drunk driving, they're worth exploring with an experienced South Florida DUI defense attorney at the Law Offices of Robert David Malove.
The Basics of Florida DUI Diversion Programs
Florida DUI diversion programs offer some first-time offenders the opportunity to have their charges reduced or dismissed upon successful completion. While the specific details vary by county, a first-time DUI program generally combines educational courses, substance abuse evaluation and counseling, community service, and a period of supervision to address the root causes of the offense and promote positive changes.
To qualify, participants usually must have no prior DUI convictions, a valid driver's license, and a blood alcohol content (BAC) below a certain threshold. Some counties also require no related accidents or injuries. Enrollment often must occur within 30-45 days of arrest, so it's crucial to explore this option with an attorney as soon as possible.
Once accepted, participants will need to complete county-specific requirements that may include:
- Level I DUI School. This 12-hour course covers the physical and legal effects of alcohol and substance abuse, Florida's impaired driving laws, and strategies for making safe driving decisions.
- Substance abuse evaluation. You may be required to undergo a professional assessment to determine the extent of your substance use issues, if any.
- Random drug and alcohol testing. Regular, unannounced screenings may be required.
- Community service. You may be required to do volunteer work for approved non-profit organizations as a way to take responsibility for your actions and give back to the community. Some programs allow for the completion of an online alternative.
- Monthly meetings. Regular check-ins with your program coordinator to review progress, address any challenges, and ensure compliance with all requirements may be required.
- Victim impact panel. You may be required to attend a presentation sponsored by Mothers Against Drunk Driving (MADD) featuring speakers who have been personally affected by impaired driving crashes
These requirements may cost you hundreds of dollars and dozens of hours. If you fail to complete the first-time DUI program, you will typically face traditional prosecution. However, if you successfully complete the program and don’t commit any offenses while in the program, your DUI charges may be reduced or dismissed.
How a Florida DUI Diversion Program Could Benefit You
While first-time DUI programs do require a significant commitment of time and resources, most participants find the benefits are worth the effort when compared to the costly, life-changing consequences of a traditional DUI prosecution.
If convicted of a first-time DUI offense, you could face:
- Jail time
- Fines
- Driver’s license suspension
- Mandatory ignition interlock device use
- Probation
- Permanent criminal record
- Car insurance rate increases
Successful diversion program participants can avoid many of these DUI penalties. For example, you may:
- Serve no jail time
- Pay reduced fines
- Have a shorter license suspension period
- Have optional ignition interlock use
- Possibly avoid a permanent criminal record
- Minimize the car insurance impact
If you're facing a first-time DUI charge in Florida, it's in your best interest to consult with an experienced DUI defense attorney who can assess your eligibility for a diversion program and help you take the necessary steps to enroll. While the program requires work, the benefits of avoiding a DUI conviction can positively impact nearly every aspect of your life for years to come.
County-Level DUI Diversion Programs in Florida
The availability and requirements of DUI diversion programs are determined at the county level. Several counties across the state offer programs for first-time offenders, though not every county has one. Here's an overview of first-time DUI programs in two significant South Florida counties:
Palm Beach County
Palm Beach DUI diversion program participants must meet specific criteria, including, but not limited to, having no prior prison sentence, a BAC under 0.20 with no related crash or injuries, and no minors or animals in the car at the time of the alleged offense.
The Palm Beach County DUI Diversion Program includes two different tiers of first-time offender programs. Tier 1 applies to people with breath or blood alcohol levels below 0.15, and Tier 2 applies to people with blood alcohol levels between 0.15 and 0.2 and people who refuse testing.
Both tiers require:
- Plea of guilty to reckless driving, adjudication withheld
- 12 months probation
- Level 1 DUI School within four months
- Substance abuse evaluation within 2 months and completion of recommended treatment
- No alcohol, illegal drugs, or prescription drugs without a valid prescription
- Random urinalysis testing
- Community service (50 hours for Tier 1 and 75 hours for Tier 2)
- Live Victim Impact Panel Class or "You Impact" online class
- 10-day vehicle immobilization
- Mandatory alcohol monitoring device (three months for Tier 1 and six months for Tier 2)
If you successfully complete the Palm Beach County Diversion program, the DUI charge may be reduced to reckless driving, which can later be sealed or expunged.
Broward County
If this is your first DUI offense, you may qualify for Broward County’s DUI diversion program unless you have a blood or breath alcohol content level over .20, your current offense involved a crash, there were minors or animals in your car at the time of the alleged offense, or you meet other disqualifying factors.
Like Palm Beach County, the Broward County diversion program has two tiers. Both tiers require:
- Proof of successful completion of DUI School and any recommended alcohol or substance abuse treatment
- Successful completion of community service hours at an approved location(s)
- Successful completion of MADD Victim Impact Panel or an equivalent Victim Impact Panel if agreed to by the State
- Vehicle immobilization on any vehicle owned or operated by you
- TAD/SCRAM device worn by you
- No possession or consumption of alcohol, illegal drugs, or non-prescribed drugs
- Random alcohol and drug testing conducted at your expense
- $100 monthly cost of supervision
- $150 application fee
Whether you are in Tier 1 or Tier 2 determines the length of time you must be in the program and the time you have to finish the program. A Broward County DUI defense lawyer can advise you of your rights and help you understand what to expect after a DUI arrest.
While not every county offers diversion programs, many counties will consider some form of reduced charges or sentencing for first-time offenses. Your South Florida DUI defense lawyer can advise you based on your location and the circumstances of your case.
Defending Your DUI Case When Diversion Isn't an Option
If you're not eligible for a formal diversion program, you still have options for building a strong DUI defense that focuses on mitigating factors and alternative sentencing options.
Your DUI defense attorney will carefully review all the evidence in your case to identify weaknesses or improper procedures. This may include:
- Examining the stop video for signs that the officer lacked reasonable suspicion
- Analyzing field sobriety test administration for errors or inconsistencies
- Reviewing breath test maintenance records and officer certifications
- Requesting an independent sample analysis to verify blood test results
- Investigating equipment calibration and lab procedures for accuracy
- Interviewing witnesses for corroborating details
Negotiating for Reduced Charges
Depending on the facts of your case, your attorney may be able to negotiate with prosecutors to reduce your DUI charge to a lesser offense like reckless driving. This may be more likely if your BAC was barely over the legal limit, you have a clean prior driving record, there was no crash associated with your drunk driving offense, and you are polite and cooperative throughout the process.
Alternative Sentencing
If conviction is likely, your attorney may focus on presenting mitigating evidence to justify a more lenient sentence with rehabilitative elements such as:
- Probation with GPS location monitoring
- Extended community service hours instead of jail
- Intensive outpatient substance abuse treatment
- Residential treatment program in place of incarceration
- House arrest with work release privileges
- Advanced DUI education courses beyond Level I
Ultimately, the key to achieving a fair outcome is having a knowledgeable DUI defense attorney who will explore every available option and craft a compelling argument for a diversion program, case dismissal, reduced charges, or alternative sentencing focused on rehabilitation.