DUI Diversion Program
The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements.
Admission Requirements Are Confusing
First of all, the confusion of this process is shown below. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist charge with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your BAC to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse admission if a child or animal was with you when you were charged. Another only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.
DUI Diversion Admission Qualifiers
|8th Circuit; Alachua, Baker, Bradford, Gilchrist, Levy, Union||9th Circuit; Orange, Osceola||11th Circuit; Miami-Dade||15th Circuit; Palm Beach|
|Approval by Office of the State Attorney.|
|Defendant’s administrative DMV Suspension not affected.|
|Each case will be evaluated on a case-by-case basis.|
|Legal residence in the United States.|
|Must have a Valid Driver’s License at time of arrest.|
|An accident may invalidate eligibility.|
|Child or animal in vehicle may invalidate eligibility.|
|Prior alcohol-related driving offenses may invalidate eligibility.|
|Blood Alcohol Level of under .20 (.220 for 9th).|
|Vehicle must not contain controlled substances.|
|No inappropriate behavior like belligerence to law enforcement.|
|Prior misdemeanor may invalidate eligibility.|
|No motions filing, demanding discovery or demanding a jury trial.|
|No prior felony sentences.|
|Plea must be entered at arraignment.|
|Request DUI Diversion within 30 days of arrest.|
|Sign admission of guilt.|
|Prior traffic citations may invalidate eligibility.|
We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”
Reducing Impaired Driving Recidivism – RIDR
Program To Help Reduce Repeat DUI Offenders
This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.
This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.