Miami’s Back on Track DUI Diversion Program
If you have been arrested in Miami for DUI, you may be eligible take advantage of Dade County’s Back on Track DUI Diversion Program.
Upon completion of the Dade County Back on Track DUI Diversion Program, the DUI will be amended to Reckless Driving, a second degree misdemeanor. You will receive a Withhold of Adjudication and you will not receive any points against your license.
What makes the Dade County Back on Track DUI Diversion Program so appealing is that by completing the program you will be able to avoid the stigma of having an embarrassing DUI conviction on your criminal history record. Keeping a DUI conviction off your record is key.
Admission into the Back on Track Program is made on a case by case basis. Prosecutors have been granted limited discretion. In some cases drivers who were involved in car accidents with police cars, had excessive points on their driver’s license, had high breath alcohol test results and even small amounts of drug possession have been granted admission into the program.
After the program is completed we can help you apply to have the Reckless Driving sealed and expunged from your criminal history record. Completing the Dade County Back on Track DUI Diversion Program is the sure fire way to avoid having an embarrassing DUI conviction show up on your background investigation.
Before you can take advantage of Dade County’s Back on Track DUI Diversion Program, you’ll need to know if you meet the eligibility requirements.
Do you meet Back on Track eligibility requirements?
The requirements to be admitted to the Back on Track diversion program are:
- you must not have any prior alcohol-related driving history in which you were convicted or adjudication was withheld;
- you must not have more than one prior non-violent felony conviction or more than two misdemeanor convictions;
- you must not have participated in more than one diversion program for a felony and more than one for a misdemeanor;
- you must not have been at fault for an accident if one occurred during the DUI arrest;
- you must not have had any minor children in the vehicle at the time of the DUI arrest; and
- you must not have had a suspended license at the time of the DUI arrest
Once you qualify for the Back on Track program, you then will be classified as a “Tier 1” or “Tier 2” offender.
Tier 1 means your Breath Alcohol Concentration (BrAC) was less than .15.
Tier 2 offenders either refused chemical testing or registered a BrAC of .15 or higher.
Wait Too Long, and You May Miss the Chance to Reduce Your DUI
The sooner you apply for the Back on Track program, the better your chances are of avoiding the harsh penalties for a first-time DUI. In order to avoid the stigma and embarrassment associated with having a DUI conviction on your record, the diversion program several conditions that you must complete:
- Tier 1 is a six- to nine-month program that involves fees for cost of prosecution, supervision, law enforcement recovery and a monetary donation. The program also requires you attend a DUI school and substance abuse evaluation, a victim impact class, perform community service, and attend drug and alcohol treatment if necessary.
- Tier 2 is a 12-month program with the same conditions as the Tier 1 program, with slightly higher fees and more hours of community service.
Participants must meet all requirements by the end of the program duration to qualify for completion and receive withhold of adjudication for reckless driving, rather than the full DUI charge.
If you or someone you know has been arrested for DUI in Miami or anywhere in Dade County, you owe it to yourself to call attorney Robert Malove to learn about solutions and get expert legal advice.