Miami DUI Diversion Programs, Classes and Requirements
Miami DUI Diversion Programs, Classes and Requirements
Getting arrested for DUI can be scary. The penalties are harsh–you could lose your license, pay big fines, and even go to jail. But if it’s your first offense, you may qualify for a diversion program. These programs give you a chance to avoid a conviction. Instead of going to trial, you complete classes, treatment, and other requirements. Then the charges get dropped or reduced.
Miami-Dade County offers several DUI diversion programs. The main one is called Back on Track. Here’s an overview of how these programs work, the eligibility requirements, and what you have to do to complete them.
Overview of DUI Diversion in Miami
DUI diversion programs are run by the Miami-Dade State Attorney’s Office. The goal is to give first-time offenders a chance to learn from their mistake and improve their behavior. This benefits the community by reducing drunk driving and keeping people out of jail.
There are a few different programs:
- Back on Track – For first DUI offenses
- BOT-R – A reckless driving diversion program
- DUI Court – For repeat DUI offenders with substance abuse issues
- Drug Court – For drug-related DUIs
Back on Track is the main pretrial diversion program for regular first offense DUIs in Miami. It has two tracks based on your breath test results. Tier 1 is for lower BACs under .15. Tier 2 is for refusing the test or BACs of .15 or higher.
If you complete Back on Track, your DUI charge gets reduced to reckless driving. That’s still serious, but not nearly as bad as a DUI conviction. You avoid points on your license, jail time, and other penalties.
The other DUI diversion programs have different eligibility requirements. They involve much longer supervision, treatment, and other conditions. But successful completion still means avoiding a DUI conviction.
Eligibility for Back on Track DUI Diversion
To qualify for Back on Track, you must meet these requirements:
- No prior DUI arrests or convictions
- No more than 1 prior non-violent felony or 2 prior misdemeanors
- No prior diversion programs for a felony or misdemeanor
- No children in the car during your DUI arrest
- Your license wasn’t already suspended
- You didn’t cause an accident during your DUI arrest
The State Attorney’s Office reviews each case individually. They have discretion to allow Back on Track even if you don’t meet every single requirement. For example, some people with higher BACs or drug possession charges have still been approved.
But in general, you need to have a pretty clean background. Multiple prior offenses, accidents, or suspended licenses will disqualify you.
Back on Track Tier 1 vs. Tier 2
Once you’re accepted into Back on Track, you get classified as either Tier 1 or Tier 2. This is based on your breath or blood test results:
- Tier 1 – BAC under 0.15
- Tier 2 – Refused testing, or BAC 0.15 or higher
Tier 1 is shorter (6-9 months) and has lower fees. Tier 2 is 12 months with higher fees and more conditions. But both tiers allow you to avoid a DUI conviction if completed successfully.
Back on Track Program Requirements
To complete Back on Track, you must fulfill all of these requirements:
- Fees – You pay fees for prosecution, supervision, recovery, and a donation to an impaired driving fund.
- DUI School – Complete DUI school and evaluation.
- Treatment – Obtain substance abuse treatment if required.
- Victim Impact Class – Attend a victim impact panel.
- Community Service – Perform community service hours.
- Drug Testing – Pass random urine and breath tests.
- No new offenses – Remain arrest-free during the program.
Tier 1 takes 6-9 months. Tier 2 takes 12 months. You must complete all requirements during that time frame. If you don’t, the DUI charges get reinstated and you go to trial.
Every aspect of the program is closely monitored. You have to check in regularly, attend all classes, and pass tests. If you comply with everything, your charge gets reduced to reckless driving at the end.
Benefits of Completing DUI Diversion
Finishing DUI diversion is challenging, but the benefits are huge:
- Avoid a DUI conviction on your record
- Prevent driver’s license suspension
- No points on your license
- Avoid fines up to $1000
- Avoid jail time up to 6 months
- Opportunity to seal/expunge the reckless driving charge
After completing Back on Track, you can petition the court to seal or expunge the reckless driving conviction. This hides it from public view and many background checks. But it’s a complicated process. You’ll need an attorney’s help to get an expungement in Florida[1].
The waiting period is 5-10 years after the conviction. You’ll also have to prove that sealing your record is needed to avoid “manifest injustice.” This is based on how the conviction has negatively impacted your life.
Getting an expungement doesn’t delete the offense. It remains viewable by law enforcement and other agencies. But it won’t show up on most background checks by employers, landlords, etc[2].
Finding a DUI Attorney in Miami
Navigating DUI diversion and expungement is difficult without an attorney. A lawyer can help with:
- Getting accepted into Back on Track
- Handling all the program requirements
- Sealing your record when finished
- Defending your case if you violate the program
Look for a DUI defense attorney experienced with Miami diversion programs. Meet with a few lawyers before choosing one. Ask about their diversion success rate and expungement experience.
Hiring an attorney costs money upfront. But it gives you the best chance to avoid a devastating DUI conviction. Consider it an investment in your future.
DUI charges don’t have to ruin your life. Diversion programs give you a chance to learn and move on. With hard work and commitment, you can put this mistake behind you for good.
References
[1] https://www.onesourcebackground.com/expunged-records-background-checks/