The Broward County State Attorney's office has launched a DUI diversion program for first-time offenders. While not all DUI offenders will qualify for this program, this program was designed to give first-time DUI offenders a break by reducing a DUI charge to a reckless driving charge in Broward County. If a defendant is approved for this program, they will be required to meet certain conditions within a specific timeframe to obtain a State-approved plea to Reckless Driving. It is important to note, however, that entry into this program will constitute a waiver of the Defendant's right to a speedy trial under F.R.C.P Rule 3.191.
Can I Obtain a Better Result than Broward County’s 1st Time DUI Offender Program?
If you are unsure of your eligibility or before waiving your right to a speedy trial, it is important to consult with a Broward County DUI lawyer before agreeing to a DUI diversion program. An experienced Broward DUI lawyer will investigate whether there is a viable legal defense to your case in which the charges could be reduced, or even dropped altogether. It is important to remember that once you agree to the DUI diversion program, you can no longer defend your case in court.
There are certain medical conditions that can interfere with an officer's investigation for DUI. For example, someone who has a diabetic condition can have weakness in their feet, slurred speech, or even a fruity breath odor that can mimic the smell of alcohol. Additionally, if you were pulled over without probable cause and this can be proved, the case could likely be dismissed rather than partaking in a DUI diversion program.
What Disqualifies Me from the Broward County 1st Time DUI Offender Program?
While all cases are evaluated on an individual and fact-specific basis, you may not be eligible for the Broward County 1st Time DUI Offender Program if:
- Either of Defendant's breath/blood samples is over .20 (Including Volume Not Met and Serum Blood Levels)
- The current offense involved a crash
- The current offense involved minor children/animals in Defendant's vehicle
- Defendant previously committed a DUI related offense including reduced DUI offenses and Nolle Prossed DUI offenses
- The Defendant was previously adjudicated guilty or received a withholding of adjudication for any prior offense
- Reckless Driving Offense (F.S. 316.192) or Leaving the Scene of a Crash Offense (F.S. 316.061; F.S. 316.063; or F.S. 316.027)
- The Defendant previously participated in a formal diversion program (excluding juvenile diversion programs)
- The Defendant has received an adjudication or withhold of adjudication on more than two (2) misdemeanors within 3 years of the current offense
- The Defendant was adjudicated guilty or received a withholding of adjudication for more than two (2) third-degree felony offenses at any time or had any third-degree felony offenses within 3 years of the current offense
- The Defendant was adjudicated guilty or received a withholding of adjudication for a second-degree felony or higher offense
- The Defendant did not have a valid driver's license at the time of the offense
- The current offense includes accompanying felony charges or accompanying drug possession or drug paraphernalia charges excluding misdemeanor possession of cannabis charges
- The Defendant is currently charged with any other offense and has a pending case
- The Defendant is currently participating in PTI, drug court, or any other diversion program or is on probation for any other offense
What are the Requirements of the Broward County 1st Time DUI Offender Program?
Depending on the severity of your Broward County DUI charge and eligibility, the Defendant must complete either the assigned Tier 1 or Tier 2 conditions. Tier 1 (Both breath/blood samples are below .150) diversion conditions include a minimum of 6 months in the program to be completed within 12 months. Tier 2 (Both breath/blood samples are between .150 and .20 OR a refusal) diversion conditions include a minimum of 9 months in the program to be completed within 15 months. The remaining conditions include:
- Proof of successful completion of DUI School and any DUI school recommended alcohol/substance abuse treatment
- Successful completion of fifty (50) community service hours at approved location(s)
- Successful completion of MADD Victim Impact Panel or an equivalent Victim Impact Panel if agreed to by the State
- Ten (10) day vehicle immobilization on any vehicle owned or operated by the Defendant
- TAD/SCRAM Device worn by Defendant
- No possession or consumption of alcohol/illegal drugs/non-prescribed drugs
- Random alcohol/drug testing conducted at Defendant's expense
- $100 monthly cost of supervision
- $150 application fee
Do I Need a Lawyer for a Florida DUI Diversion Program?
If all Tier 1 or Tier 2 conditions of the Broward County DUI Diversion program are completed within the allotted timeframe, the State will offer a plea of guilty charge for reckless driving as opposed to a DUI charge. To find out if a DUI diversion program is right for you, an experienced DUI lawyer from The Law Offices of Matthew Konecky is on standby to fight your charge directly or aid you in entering a DUI diversion program if eligible. To learn if you are eligible for the Broward County 1st Time DUI Offender Program, contact us or call us today at (561) 671-5995.
