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If i choose to go to court for a DUI and lose, will i still be offered pre trial diversion?

Orlando, FL |

My son got a DUI on new years ever 2012. He was offered pre trial diversion, but was not told by the public defender that he would have to have a breathe attachment to his vehicle in order to be able to participate in the program. However, he does not have a vehicle at this time so he is unsure if he should just try to go to trial instead. He refused to blow at the time of arrest.

Attorney Answers 7

  1. If you challenge the DUI, you lose the opportunity to participate in diversion. Even though the PD did not tell your son about the ignition interlock device, I believe his best bet is to complete the program. it is the only way to know with certainty that the charges will be dropped. Once that happens he can expunge the arrest (if otherwise eligible). Good Luck.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice.

  2. Not a guarantee as the final adjudication has to be done by the assigned presiding judge on the case. Also, I firmly believe that the communication between the client and the attorney must be complete in the sense that the client's choices are communicated to him/her for making an informed free and voluntary decision.
    Since it is a pending case, I would suggest discussing all the requisites with the counsel of record or the counsel of your choosing to work on that case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  3. PTD is a great program but if you blow .15 or refuse then they put you in tier 2 and you must install an ignition interlock device. This is nonnegotiable so he will have to get a car or access to a car to complete PTD.

  4. Take advantage of the diversion program. Orlando is one of the few counties that offer a diversion program for DUI's.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

  5. DUI Diversion and challenging the case through the court system are mutually exclusive ideas, which means you can't have your cake and eat it too. You can either take DUI PTD or you can litigate the case, you can't litigate the case and then, if you lose, still elect PTD.

    The fact that the PD didn't advise him of the full impact of PTD's requirements is frustrating, but it's not a logical reason to switch gears and challenge the case in court. The decision to take t case to trial, or perhaps before trial to file a motion to suppress, should be predicated upon the facts and circumstances of his case and the state of the law, not on an issue unrelated to those factors. For an indepth analysis of his case and his defenses, visit my website at or call my mail office here in Orlando at (407) 657-1555.

    Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

  6. As has been suggested by the several attorneys who already replied, pre-trial diversion is exactly that. It's pre-trial. If your son elects to go to trial and he loses, he also loses out on his chance of electing to enter pre-trial diversion. Unless there are substantial issues with the State's case, he should speak with his attorney about the benefits of PTD and have an open mind while discussing the matter. A lot of folks have biased opinions about the likely outcome of their own case(s) and later regret not having taken the easier (and often better) road of diversion when it was available. He needs to speak with his lawyer to determine what he should do.

    The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.

  7. This is a very good question! Orange County is one of the very few jurisdictions which offers DUI diversion. Your son's case will be dropped if he finishes the program. This is good. The problem is that for what I consider political reasons, the conditions imposed on participants, including financial sanctions, are very onerous. Often more than if you lost in trial. I think this is wrong. Maybe the new State Attorney will review the program with the county come January. Nobody seems to care. Its become a cash cow. Every person that finds himself in this perdicament must weigh the pros and cons of participating in the program or going to trial. It is a tough call. If you need my assistance, call me at 407-831-3434.

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