If you are a first-time DUI offender in Miami-Dade County, you may be eligible for the Back On Track "diversion" program.
I put "diversion" in quotes because unlike a true diversion program, such as Pretrial Diversion or Pretrial Intervention, the charge is not dismissed upon completion of the program.
Instead, the charge is amended to reckless driving and a withhold of adjudication is imposed, as opposed to a conviction (which carries points and can never be sealed or expunged from your record).
But you should know that Back On Track is not the same for everyone. There are two groups, known as Tier I and Tier II. Your individual situation will determine which Back On Track program you receive.
If you refused the breath test or your breath alcohol content was .15 or above, you will receive Back On Track Tier II, if otherwise eligible.
If you blew and the breath alcohol was under .15, you may be eligible for Back On Track Tier I.
If you were under the influence of a controlled substance, as opposed to alcohol, you may receive Tier II instead of Tier I.
TIER I REQUIREMENTS INCLUDE:
1. Attend and complete DUI school, including all required treatment.
2. Complete 40 hours of community service.
3. Complete the Victim Impact Panel.
4. Complete the YouImpact online course.
5. Install an ignition interlock device for 90 days.
6. Pay approximately $850 in fees (not including cost of DUI school, treatment, and court costs).
TIER II REQUIREMENTS INCLUDE:
1. Attend and complete DUI school, including all required treatment.
2. Complete 60 hours of community service.
3. Complete the Victim Impact Panel.
4. Complete the YouImpact online course.
5. Install an ignition interlock device for 180 days.
6. Pay approximately $1,200 in fees (not including cost of DUI school, treatment, and court costs).
Back On Track eligibility should be a discussion you have with your attorney during your very first conversation. Obviously, you do not have to accept Back On Track (if eligible), and you have every right to take your case to trial. However, the benefits of Back On Track include no DUI conviction, no court-mandated driver license suspension, and no 10-day vehicle impoundment.
Talk to a reputable Miami DUI attorney to see if Back On Track is the right choice for you.