by | last updated on January 21, 2016

PALM BEACH COUNTY
1st Time DUI Offender Program

If you have been charged with DUI, you may be eligible for the Palm Beach County 1st Time DUI Offender Program.

Upon entering the Palm Beach County 1st Time DUI Offender Program, the DUI will be Nolle Prossed (dropped) and you must enter a plea of Guilty to Reckless Driving, a second degree misdemeanor. You will receive a Withhold of Adjudication and be placed on probation for a period of 12 months. Upon successful completion of this program, you will not receive any points against your license.

The beauty of the Palm Beach DUI Diversion Program is that you will be able to avoid the stigma associated with having a DUI conviction on your criminal history record.  After the program is completed we can help you can apply to have the reckless driving sealed and expunged from your criminal history record.  Completing the Palm Beach County 1st Time DUI Offender Program is the sure fire way to have no embarrassing DUI convictions show up on a background investigation. In this day and age of background checks and investigations, keeping a DUI conviction off your record is key.

If you fail to successfully complete the program, you will be adjudicated guilty and sentenced to ninety (90) days in the Palm Beach County Jail.

You MUST enter this program at one of the satellite courthouses – Gun Club, South County, North County and Belle Glade.

If the State Attorney determines that you are a candidate for the Palm Beach County 1st Time DUI Offender Program, you will fall into either Tier 1 or Tier 2.

Program Eligibility Criteria:

• No Crash

• No minors or animals in the vehicle

• No Prior commission of similar offenses

• No Prior Diversion Programs (excluding Juvenile Diversion Programs)

• Must have a Valid Driver’s License at the time of arrest

• No prior prison sentence

• No accompanying felony charges or possession of paraphernalia/controlled substances charges with DUI arrest

• Plea must be entered at arraignment at Gun Club, North County Courthouse, South County Courthouse or Belle Glade

• Plea must be entered prior to filing motions, demanding discovery or demanding a jury trial

• Notwithstanding these guidelines, each case will be evaluated on a case by case basis

TIER 1: (Breath/Blood Alcohol Levels Below .15)

  • Plea of Guilty to Reckless Driving – Adjudication of guilt will be withheld
  • Probation for a period of 12 months pursuant to Florida Statute 948.15;
  • Complete Level 1 DUI School within the first 4 months of the program;
  • Complete a substance abuse evaluation conducted by the DUI School within 2 months of enrollment;
  • Complete any/all recommended treatment within the term of the program;
  • No possession or consumption of any alcohol, illegal drugs or prescription drugs without a valid prescription;
  • Random urinalysis testing;
  • Perform 50 hours of Community Service at an approved location;
  • Complete a live Victim Impact Panel Class or “You Impact” (an online class);
  • Vehicle immobilization for 10 consecutive days;
  • Submit to a 3 month alcohol monitoring device (select one):
  • Ignition Interlock
  • SCRAM Monitor
  • Visual Alcohol Monitoring
  • Pay a $250.00 fine and Court Costs which must be paid within the first 6 months of entering the program.

TIER 2: (Breath/Blood Alcohol Levels Between .150 and .200 and Refusals)

Plea of Guilty to Reckless Driving – Adjudication will be withheld

Probation for 12 months pursuant to Florida Statute 948.15;

  • Complete the Level 1 DUI School within the first 4 months of the program;
  • Complete a substance abuse evaluation conducted by the DUI School within 2 months of enrollment
  • Complete any/all recommended treatment within the term of the program
  • No possession or consumption of any alcohol, illegal drugs or prescription drugs without a valid prescription;
  • Random urinalysis testing;
  • Perform 75 hours of Community Service at an approved location;
  • Complete a live Victim Impact Panel Class or “You Impact” (an online class) • Your vehicle will be immobilized for a period of 10 consecutive days
  • Submit to a 3 month alcohol monitoring device (select one):
  • Ignition Interlock
  • SCRAM Monitor
  • Visual Alcohol Monitoring
  • Pay a $250.00 fine and Court Costs which must be paid within the first 6 months of entering the program.
  • Perform 75 hours of Community Service at an approved location
  • Complete a live Victim Impact Panel Class or “You Impact” (an online class)
  • Vehicle immobilization for a period of 10 consecutive days
  • Submit to a MANDATORY 6 month alcohol monitoring device (select one):
  • Ignition Interlock
  • SCRAM Monitor
  • Visual Alcohol Monitoring

Pay a $250 fine and $250 to Palm Beach County Victim Services, as well as Court Costs which must be paid within the first 6 months of entering the program.

If you or someone you know has been arrested for DUI in Palm Beach County, you owe it to yourself to call attorney Robert Malove to learn about solutions and get expert legal advice.

For more information on diversion programs such as the Palm Beach County 1st Time DUI Offender Program and how to get your criminal history sealed and expunged, call today (888) 744-8225.