DUI Diversion Program

Understanding the DUI Diversion Program

For many years if you were charged with a DUI, the only option to resolve your case, short of a trial, was to be convicted of a DUI or enter into a plea agreement with the State Attorney’s Office where they would reduce your charge to a Reckless Driving.  Slowly that has changed throughout Florida and most recently in 2021 in Pinellas and Pasco Counties with the advent of their DUI Diversion Program known as the DUI Rehabilitation of Offenders Program (D.R.O.P.)  In essence, if you timely qualify and if you timely complete certain conditions, the State Attorney’s Office will amend your DUI charge to a Reckless Driving charge

Who Qualifies for the DUI Diversion Program

All cases are evaluated on a case-by-case basis.  However, generally:

• Persons with a breath or blood sample under 0.150;
• No crashes, No bodily injuries, No minor children involved;
• No cases with pending felonies;
• No prior similar offenses or prior diversion programs;
• No cases with a suspended license or a CDL

What Are The Preconditions?

• Timely apply and pay the application fee:
• Complete 20 community service hours;
• Complete DUI School; and
• Complete a M.A.D.D. Victim Impact Panel

Once the person timely qualifies and timely completes the preconditions, the State will amend the charge to a Reckless Driving, and you will be placed on probation.

What Are The Benefits To The Diversion Program?

First, there is no conviction for DUI which could be used to enhance the jail time or time on a subsequent driver’s license suspense for any subsequent DUI convictions.  Second, there is not a criminal driver’s license suspension.  Third, depending on the facts of the case, it is possible for the Court to withhold adjudication.  This means that you are not convicted and that you may be eligible to Seal your record.  Fourth, the costs and time associated with D.R.O.P. are significantly less than a regular DUI case.

Please contact my office to discuss whether your case is eligible for a DUI Diversion Program.