You already know that some first-time DUI offenders in Miami-Dade County may qualify for the Back On Track program. If you qualify and you complete the conditions of Back On Track, that may take anywhere from nine months to a year, your DUI charge will be reduced to a reckless driving and you will receive a withhold of adjudication - not a DUI conviction.
The Back On Track program does not exist in Broward County.
However, since the State Attorney's Office decides who gets to participate in the program, not all first-time DUI offenders will qualify.
Your case will likely not qualify for Back On Track if:
1) There was an accident.
2) You blew over a .20.
3) You have prior felony or misdemeanor convictions.
4) You received another criminal citation with your DUI citation, such as a reckless driving citation or leaving the scene of an accident citation.
5) There was an accompanying misdemeanor charge (possession of marijuana, resisting an officer without violence, etc...).
6) The arresting officer has some objection (claims that you were rude/uncooperative).
Now, this is not to say that you cannot enroll in Back On Track if any of these situations apply to your case. A good DUI lawyer could be able to negotiate your participation in the program despite these disqualifying factors.
However - if any of these factors apply to your case, please understand that it is highly likely that the State Attorney will not permit you to participate in Back On Track. It would be wise to retain an attorney who may be able to negotiate your participation in a great program that will ensure that you are not left with a DUI conviction on your record.
Eric Matheny is a DUI attorney representing clients in Miami-Dade County.