A DUI arrest in Florida can have severe legal consequences and may include imprisonment, apart from fines and suspension of your driver’s license. But if you are a first-time offender, your Miami DUI defense lawyer may be able to help you avoid a criminal conviction and jail time.
Your lawyer will adopt a proactive approach to defending you against the DUI charges and help you participate in the “Back on Track” (BOT) Diversion Program which is available for certain individuals in Miami.
When you get enrolled and complete this program with the guidance of your Miami DUI defense attorney, your criminal charges could be reduced or even dropped or dismissed. You may also apply for criminal record sealing with the help of your attorney once your case is closed.
Eligibility for BOT
The Office of the State Attorney in Miami-Dade has set forth the following conditions which will make you eligible for admission to the Back on Track program:
- First DUI arrest
- No injury caused and no damage occurred to another vehicle
- Minor children were not involved
- No recovery of an open container of alcohol from your vehicle
- No previous felony convictions
- BAC results are below 0.25%
An exception could be made even if you a previous criminal record provided that you have no more than two misdemeanor convictions or one non-violent felony conviction on your record. Make sure you hire a top Miami DUI defense attorney who has a thorough understanding of all aspects of the law and can help ensure that you avoid jail time after your first DUI arrest.
How the BOT Program will Help You?
When you enter into a Back on Track program with legal assistance from your Miami DUI defense lawyer, your goal should be to complete it successfully. While this will not lead to a dismissal of the DUI charge, the charge will be amended or reduced to a charge of reckless driving and the “withholding of adjudication” will occur.
When adjudication is withheld, it effectively means that there is no “conviction” of a crime. In addition, it will also mean no points are received on your driving record. If you have no prior criminal convictions, your Miami DUI defense attorney would also be able to help you seal your record of arrest once the case is over.
Other Florida DUI Diversion Programs
Only four other regions in Florida at present have DUI Diversion Programs similar to BOT Miami. These programs are found in West Palm Beach, Gainesville, The Florida Keys, and the Orlando area. Requirements and admission standards will vary for each program. Therefore, make sure you consult with an experienced Florida DUI Diversion lawyer to know your eligibility and to secure admission with their legal guidance.
Choose a Competent Miami DUI Defense Lawyer
A misdemeanor DUI for a first-time offender does not have to result in jail time. Top-rated Florida criminal defense attorney Chad Piotrowski will help you find the most effective alternative to fight your DUI charge. Piotrowski Law is a boutique law practice focused on criminal defense law through its offices in Miami, West Palm Beach, and Fort Lauderdale, Florida.