Eligibility Criteria

Meeting the eligibility criteria is the first step towards navigating the legal process successfully. The criteria set by the State Attorney’s Office are as follows:

• Case Type: The case must be a misdemeanor DUI, falling within the specified legal category.
• Passenger and Blood Alcohol Content (BAC): There should be no minor in the vehicle, and the blood alcohol content (BAC) must not exceed 0.20. Additionally, the eligibility excludes cases involving crashes.
• Prior Offenses: Eligibility is restricted to individuals with no prior DUI or related offenses within the specified timeframe. This ensures that the program is focused on first-time offenders.
• License Suspension and Pending Offenses: Individuals with no pending driver’s license suspension or other specified offenses are eligible. This criterion aims to identify cases where the offender’s record is relatively clean from concurrent legal issues.

These eligibility criteria are carefully designed to target first-time offenders and prioritize their inclusion in the RIDR program. The program recognizes the importance of rehabilitation and education for individuals who may have made a one-time mistake, promoting a more constructive approach to addressing DUI cases in Hillsborough County.

Informational Table – Who is the Judge in my Hillsborough County Criminal Case?

In the Tampa County Criminal Court, the allocation of misdemeanor offenses and criminal traffic cases is orchestrated by the clerk, who follows a systematic approach based on the first letter of the defendant’s last name. This procedural guideline applies uniformly to cases slated for the Tampa courthouse in Florida, while the Plant City Courthouse employs a distinct procedure for case assignments.

Specifically, The clerk categorizes them alphabetically for assignment in the following manner:

Division “A” for last names beginning with A G O S U

Division “B,” for last names beginning with B F I P Q Z

Division “C” for last names beginning with D E M V X Y

Division “D” for last names starting with C K  R T; and

Division “E” for last names beginning with  H J, L W

Pre-Plea Sanctions

Before any plea offer, offenders must satisfy pre-plea sanctions, including remaining crime-free, completing DUI School, attending the MADD Victim Impact Panel, and fulfilling community service hours. Different levels of offenders may have additional requirements, such as ignition interlock devices or drug monitoring.

The Pre-Plea Sanctions serve as a crucial phase in the RIDR program, emphasizing the importance of education, community engagement, and accountability for the offenders. Let’s delve deeper into the specific requirements for each level:

Level 1 Offenders

Level 1 offenders, with a BAC at or below 0.15, must complete fifty community service hours and three months of ignition interlock alcohol monitoring or continuous alcohol monitoring. This level of engagement aims to ensure a comprehensive approach to rehabilitation, incorporating both educational and community service elements.

For example, if an individual’s BAC was measured at 0.10, falling within the Level 1 range, they would need to complete fifty community service hours and three months of ignition interlock alcohol monitoring. This combination of community service and monitoring provides a well-rounded approach to addressing the specific needs of Level 1 offenders.

Level 2 Offenders

For Level 2 offenders, with a BAC above 0.15 or those who did not provide a breath sample, the requirements escalate. Seventy-five community service hours and six months of ignition interlock alcohol monitoring or continuous alcohol monitoring are mandated. These additional hours and monitoring periods are designed to address the severity of the offense and provide a more intensive rehabilitation process.

Consider a scenario where an individual’s BAC was measured at 0.18, placing them in the Level 2 category. In this case, they would need to fulfill seventy-five community service hours and six months of ignition interlock alcohol monitoring. This heightened level of engagement reflects the seriousness of the offense and aims to promote a more profound commitment to rehabilitation.

Level 3 Offenders

Level 3 offenders, involving drug-related DUIs, face unique requirements. Fifty community service hours, coupled with wearing a PharmCheck Drugs of Abuse Patch for three months with results provided to HCSO Probation, create a specialized approach to address the complexities associated with drug-related cases.

Imagine an individual facing a drug-related DUI charge. To meet the Level 3 requirements, they would need to complete fifty community service hours and wear a PharmCheck Drugs of Abuse Patch for three months, with results provided to HCSO Probation. This tailored approach recognizes the distinct challenges of drug-related cases and aims to provide a more effective rehabilitation strategy.

The SAO acknowledges the diverse nature of DUI cases and tailors the requirements accordingly. This individualized approach aims to address the unique circumstances of each offender, promoting a more effective rehabilitation process.

Authorities and Resources

• Office of the State Attorney – 13th Judicial Circuit
• @SAO13TH on Twitter

Plea Offer to Beat a DUI Charge

Upon completing pre-plea sanctions, offenders may receive a plea offer, including a withhold of adjudication, probation, court costs, vehicle immobilization, and other conditions. The plea offer varies based on the offender’s level.

Understanding the plea offer is crucial for making informed decisions during the legal proceedings. Let’s break down the components of the plea offer:

Withhold of Adjudication

The offer typically includes a withhold of adjudication, indicating that the court refrains from entering a formal conviction. This component is significant as it allows offenders the opportunity to avoid a formal conviction on their record, provided they successfully complete the terms of the plea offer.

Probation and Court Costs

Offenders accepting the plea offer will be placed on probation for twelve months. Standard court costs and conditions of probation apply, requiring strict adherence to the terms set by the court. Successfully completing probation is crucial for achieving a favorable outcome under the RIDR program.

Vehicle Immobilization

As part of the plea offer, offenders may face a ten-day vehicle immobilization period. This component serves as a tangible consequence, reinforcing the seriousness of the offense and promoting responsible behavior among offenders.

Abstinence from Substances

The plea offer mandates abstinence from alcohol, illegal drugs, or non-prescribed drugs during the probation period. This condition aims to ensure a commitment to sobriety and reduce the risk of future incidents.

Successful Completion of DUI School and Treatment

Offenders must successfully complete DUI School and any recommended treatment programs. This educational component is a fundamental aspect of the RIDR program, equipping offenders with the knowledge and skills necessary to prevent future DUI incidents.

Consider a hypothetical scenario where an individual accepts a plea offer after completing pre-plea sanctions. The individual, who falls into the Level 2 category with a BAC above 0.15, would undergo probation, pay court costs, and experience a ten-day vehicle immobilization period. Additionally, they would need to abstain from substances, successfully complete DUI School, and any recommended treatment programs. This comprehensive approach ensures that offenders receive the necessary support and education to prevent future occurrences.

Process Overview

Understanding the process is essential for anyone dealing with a DUI charge under the RIDR program. Here’s a step-by-step overview:

Eligibility Assessment

Once charged with a DUI, the first step is to assess eligibility based on the criteria outlined by the SAO. This involves a thorough review of the case to ensure it meets the necessary conditions.

Pre-Plea Sanctions

Before any plea offer is extended, offenders must fulfill pre-plea sanctions. These sanctions include remaining crime-free, completing DUI School, attending the MADD Victim Impact Panel, and fulfilling community service hours. The level of the offender determines additional requirements, such as ignition interlock devices or drug monitoring.

Plea Offer

Upon satisfactory completion of pre-plea sanctions, offenders may receive a plea offer. This offer typically includes a withhold of adjudication, probation, court costs, vehicle immobilization, and other conditions. The specific terms depend on the offender’s assigned level.

Process Timeline to Beat a DUI Charge

The RIDR program follows a structured timeline:

• Eligible cases are assigned a sanction level: Level 1 (BAC at or below 0.15), Level 2 (BAC above 0.15 or no breath sample), Level 3 (Drug-related DUIs).
• At arraignment, the offender waives speedy trial and agrees to set the case for disposition approximately sixty (60) days out.
• Before disposition, the offender must provide proof of completion of the Pre-Plea Sanctions to the SAO.
• At disposition, the offender who has completed the Pre-Plea Sanctions may accept the Plea Offer, enter a plea, and be sentenced as part of the RIDR program.

The structured timeline ensures a systematic and fair approach to the legal proceedings, allowing both the prosecution and the defense adequate time to prepare and present their cases.