Depending on the facts of your case, you may have the opportunity to complete a DUI Diversion Program in Palm Beach County. If you qualify for this program, your completion of it would result in your DUI charges getting dropped.
A DUI Diversion Program is an alternative to the traditional criminal justice system which allows offenders to enter rehabilitation and avoid certain criminal penalties. If you were arrested for DUI and have the opportunity to complete a DUI Diversion Program, it may be in your interest to complete it rather than taking your DUI case to trial to be decided before a jury.
Types of Diversion Programs Available in Palm Beach County:
Tier 1: For Charges Involving Blood Alcohol Content Levels Below 0.150
Tier 2: For Charges Involving Blood Alcohol Content Levels Between 0.150 and 0.200 as Well as Breath Test Refusals
In Palm Beach County, one of the terms of participating in a DUI Diversion Program is agreeing to a Plea of Guilty to a reckless driving charge. This is often considered a major win in a DUI case as a reckless driving conviction can be expunged from an individual’s criminal record but a DUI conviction cannot.
It is important to note that a DUI Diversion Program is not an easy and simple fix for a DUI charge. Many factors determine whether or not an individual qualifies to participate in a South Florida DUI Diversion Program. The programs are often very time-consuming, costly, and strict with their stipulations.
DUI Diversion Program in Palm Beach County Eligibility:
In Palm Beach County, the DUI Diversion Program is only available for 1st Time DUI offenders. If your charge is a second or third DUI, you would be ineligible for this program. You would still have other avenues to fight the charge but it would not be within the scope of a DUI Diversion Program.
Eligibility for the DUI Diversion Program in Palm Beach County is determined on a case by case basis and the state’s DUI filing unit may find grounds for ineligibility outside of the stipulations listed below.
Additional Eligibility Criteria for the Palm Beach County DUI Diversion Program
- Your charge was for a BAC level under 0.200.
- A car accident did not occur in your DUI case
- No minor children/animals were in the vehicle at the time of your arrest
- You have not been charged in the past with a similar offense
- You have not participated in a different formal diversion program in the past (excluding juvenile diversion programs)
- You have never served prior prison sentences
- You had a valid driver’s license at the time of the offense
- You did not have accompanying felony charges or accompanying drug/paraphernalia charges with your DUI arrest.
Conditions of the DUI Diversion Program in Palm Beach County:
Palm Beach County has set 4 provisions that must be satisfied within a 2-month period in order for the DUI diversion program to be considered completed.
You must have successfully performed 20 community services hours with an organization pre-approved by the State Attorney’s office
You must have proof of your successful completion of DUI school at a Florida-licensed DUI program
You must have proof of your successful completion of one session of the Victim Impact Panel
Proof of successful installation of the Ignition Interlock alcohol monitoring device
Once all four of these conditions are satisfied, the State Attorney’s Office will dismiss your DUI charge, and you will enter a guilty plea to a reckless driving charge, with the adjudication withheld. A withhold of adjudication means you are not “convicted” of the crime, so you will receive no points on your driver’s license. You will have to be on probation for a 12-month period, with the conditions of the probation dependent on the facts in your particular case.
How a Palm Beach DUI Attorney can Help You Complete a DUI Diversion Program
It is important to note that from the time you are considering your eligibility for the DUI diversion program, you must remain “crime-free.” That means you must be on near-perfect behavior. You cannot be arrested, stopped for anything beyond a speeding ticket, etc.
If you have been arrested for DUI in Palm Beach County and want to find out if you are eligible for the DUI diversion program, call us today to set up a free strategy session with the Rossen Law Firm.
- Boca Raton Office: (561) 880-8181