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DUI Diversion Program Modification

Posted by attorney Jonathan Blecher

The Miami-Dade County "Back on Track Program", created by the Miami-Dade State Attorney's Office, and modeled after the Orange County (FL) DUI Diversion Program, has been up and running since May, 2011.

Since then, DUI offenders have been taking advantage of the opportunity to avoid a DUI conviction by completing a host of conditions, similar to those imposed for a DUI conviction, but eventually have their charges reduced to Reckless Driving. The great thing about this is that first offenders will be able to apply for a record sealing after successful completion of the program conditions.

Recently, the program has hit a snag. Due to poor planning, there is an insufficient number of ignition interlock devices (IID) or immobiliztion devices available. Some program participants are on a 3-5 month waiting list, have to travel across the state to get one installed or face poorly trained employees who give misinformation.

In response to these challenges, I have persuaded the state and the program to modify these program conditions and replace them with additional community service hours.

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