How Florida’s DUI Diversion Programs Work

A Florida DUI conviction can have serious consequences, even if it’s a first offense. Those consequences may include jail time, suspension of your driver’s license, court-ordered community service, an impoundment of your vehicle’s tag, court-mandated classes, a fine, and court costs. You’ll also likely face indirect consequences such as increased auto insurance rates and potential administrative or licensing impacts. And, of course, a DUI isn’t just a traffic offense. It’s a criminal conviction that can never be sealed or expunged.

Fortunately, there may be a way to avoid a criminal conviction for driving under the influence. If you’ve been charged with DUI in Florida, you’ll want to talk to an experienced DUI lawyer right away.

DUI Diversion Programs

When considering how to address or resolve a pending DUI case, there is no better source of information than consulting with a local DUI Attorney. They will be able to advise you of the law, your options, and the pros and cons of any choice you might make. DUI Attorneys will also be able to provide you with some good perspective regarding the evidence present.

Of course, every DUI case is different. Sometimes, it will make sense to fight the charges against you. For example, your Jacksonville DUI attorney may believe that there was an error in administering the chemical test, or that there wasn’t probable cause to pull you over. In that case, your defense attorney may suggest filing a motion to suppress the evidence against you or fighting the charges at trial.

But that’s not the right answer for everyone. Sometimes, the best solution is one that allows you to resolve the charges while minimizing both the consequences and the risks. For many people, DUI diversion programs offer just that sort of solution.

Now a DUI diversion program is essentially an established path or program that allows someone arrested for a DUI an option to avoid a DUI conviction by completing various requirements. However, unlike statutory pretrial intervention programs, DUI diversion programs are not created by statute. As a result, different counties may handle DUI diversions differently and some counties may not have a diversionary program. To get a better sense of your options its best to consult with a local criminal defense attorney well versed with DUI defense.

How Does DUI Diversion Work?

Like other types of Florida diversion programs, the DUI diversion program can help avoid a conviction. Here’s how it works.

There are minimum requirements for eligibility for the DUI diversion program. The requirements differ somewhat from county to county, so a local DUI lawyer is the best source of specifics about qualifying for your local DUI diversion program. The eligibility requirements typically include:

• No prior alcohol-related driving offenses
• A limitation on other past convictions
• A cap on blood alcohol level (BAL)

Note, however, that simply meeting these basic requirements doesn’t guarantee entry into the DUI diversion program. The prosecutor has complete discretion about whether or not to offer someone charged with DUI this opportunity. Your Jacksonville DUI lawyer will have to talk to the prosecutor and persuade them that you are a good candidate for the program.

What Happens When You are Offered a DUI Diversion?

DUI diversion programs typically operate as deferred prosecution agreements. In other words, the state retains the right to prosecute you on the charge and keeps the case open while the program is in progress.

If a DUI diversion is offered, you will have to complete various conditions in order to secure a more favorable outcome. Some programs will require you to make various admissions or potentially even enter a plea prior to entry into a DUI diversion program. Then it is placed upon the defendant to complete the various conditions or obligations required by the diversionary program. Those obligations may differ somewhat depending on the county and the specifics of your case. They generally include:

• Attendance at DUI school
• Victim impact classes
• Payment of fees and costs
• A “monetary contribution” of $500 or $1,000
• Vehicle impoundment or ignition interlock
• Substance abuse evaluation
• Substance abuse treatment as recommended
• Alcohol and/or drug testing
• Community service

The program can last for up to 12 months, but can be extended in some circumstances. You will get detailed information about what will be required of you before you enter the program. Your DUI attorney can help ensure that you understand all of the requirements and exactly what you need to do in order to successfully complete the program. Failure to fulfill your obligations under the agreement can have serious consequences.

When DUI Diversion Programs Fail

A DUI diversion program can be a great way to avoid having a criminal conviction on your record, facing jail time, and certain other consequences. It can also offer an opportunity for someone who has been charged with DUI due to a substance abuse problem and wants to get help.

But, as you can see from the list above, you’ll have to work for it. If you violate the terms of your agreement or fail to complete program requirements, the prosecution can terminate the program. That means your DUI case will move forward. If you’ve already entered a guilty plea, you may be convicted without a trial. So, when you are considering whether to pursue participation in a DUI diversion program, it is very important that you fully understand what will be required of you.

Successful Completion of a DUI Diversion Program

Just as mentioned above, not all DUI diversion programs operate the same way. For some programs, successful completion will result in a dismissal of the charges, while for other programs, successful completion will result in an amendment of the charges from a DUI to Reckless Driving. Again, speaking with an experienced local DUI attorney is the best way to understand the impact of a particular diversion program.

Talk to a DUI Attorney in Jacksonville, FL Today

DUI diversion programs can save a person charged with a Florida DUI from a criminal conviction, jail time, and other consequences. But every DUI case is different, and every defendant is different. Before you make any decisions about how to proceed, you should get complete information about any possible defenses you have, the likely consequences you would face if convicted, and exactly what will be expected of you if you enter into the DUI diversion program.

The best source of that information and guidance is an experienced Jacksonville DUI attorney. Attorney Matthew Lufrano has dedicated his legal career to fighting for people charged with crimes in Florida. His broad-based experience includes defending clients charged with minor misdemeanors all the way up to defending clients charged with murder. Mr. Lufrano has also tried well over eighty cases to verdict before juries here in Florida. That means he’s prepared to handle whatever is best for you and your case, whether that means negotiating for a diversion program, working out a plea agreement, moving to suppress evidence against you, or arguing your case to a Jacksonville jury.

To learn more about how Lufrano Legal can help, call (904) 513-3905 right now, or fill out our contact form.