The short answer is you go to jail and you want to get bonded out as quickly as possible! In very rare and minor cases an officer does have the discretion to give you a Promise to Appear (“PTA”), but don’t get your hopes up. In most cases, you will be taken to the Pre-Trial Detention…
DUI Diversion Program
You may have committed a lapse in judgement and brought yourself into a situation that you have never expected. A simple mistake can result in a DUI arrest, which has the potential to ruin your future for years to come. Fortunately, you can turn things around if you’re eligible for DUI diversion, which is better known as the Back on Track program offered exclusively in Miami-Dade County.
What is the DUI Back on Track Program in Miami?
A diversion program called the DUI Back on Track Program in Miami was created by the Miami State Attorney’s Office in 2011 to help first-time DUI offenders. The program was created following a growing number of instances where DUI cases were dropped due to witnesses failing to appear during court hearings. As a result, a first time DUI offender can avoid a DUI conviction if they meet certain criteria. It is an initiative to bring more offenders under strict supervision of the law.
Important Things to Know about the DUI Back on Track Program in Miami
- The program lasts for 6 months if your breath test results are below 0.15 (Tier I).
- The program lasts for 12 months if you refuse to undergo a breath test, or if your breath test results are equal to 0.15 or higher (Tier II).
- The DUI Back on Track Program costs USD 1,500 to USD 2,000 if your breath tests are lower than 0.15 USD 2,200 to USD 3,000 if you refuse to take a breath test or if the results are equal to 0.15 or higher.
- The participant will be required to attend a DUI school and undergo evaluation for substance abuse.
- The participant must render community service, 50 hours for those whose breath test results are under 0.15 and 100 hours for those who refuse to take a breath test or those whose results are equal to 0.15 or higher.
- The participant must attend a Victim Impact class.
- Ignition interlock device.
Once you are able to fulfill the requirements of the program, your charges will be lowered to a reckless driving charge. You will also be given a Withhold of Adjudication which means there is no conviction. You will then become eligible to seal the DUI arrest record.
Who is eligible to join the DUI Back on Track Program Miami?
You can join the DUI Back on Track Program Miami if you:
- Are a first-time DUI offender,
- Do not have minor children in the car during the time of arrest,
- Only have one previous felony non-violent conviction and maximum of 2 previous misdemeanor convictions.
Other requirements include:
- No at-fault accident occurred that is connected to the DUI arrest,
- Your license is valid and active during the time of DUI arrest,
- Your breath test results are lower than 0.25,
- No speeding, fleeing, and reckless driving occurred during the time of arrest
Let Piotrowski Law negotiate for the Back on Track Program (even if you’re not eligible)
If you are a first-time DUI offender and are unsure whether you are eligible to join the DUI Back on Track Program, you should first consult an aggressive criminal defense lawyer. Our first plan of attack is to get the case dismissed on a technicality without the program. Even if you’re not eligible, we’ll fight to get you in. Contact DUI defense lawyer Chad Piotrowski for legal advice and representation. Call Piotrowski Law today for an appointment.