Orange and Osceola Counties offer a DUI diversion program for first time DUI offenders. The program is broken down into two tiers depending on the facts of the case. Tier Two Diversion has enhanced supervision and additional program requirements, then Tier One Diversion. If a defendant successfully completes DUI Pre-Trial Diversion, the State Attorney's Office will drop the charges. Furthermore, once the charges are dropped, the defendant is likely eligible to have their record expunged.
What are the conditions of Pre-Trial Diversion?
DUI PTD is a twelve month program with a program cost of $600. The minimum program requirements are as follows:
- DUI Counter-attack school (level 1)
- Victim Impact Class through MADD
- 10 day vehicle impoundment/immobilization
- $250 monetary contribution
- Investigative costs
- Random urine screens
- Obtain a substance abuse evaluation and complete any recommended treatment
Am I eligible for DUI Pre-Trial Diversion?
In order to be eligible for either tier, the defendant must meet the following general criteria:
- The defendant must have no prior alcohol related driving history, regardless of the outcome of the charge.
- The defendant may have not more than two prior misdemeanor convictions, if the prior misdemeanor offenses were eligible for diversion.
- The Defendant may have completed no more than one diversion program including juvenile programs.
- The defendant must not have been involved in a crash in the instant case.
- The fact of the case must suggest that the defendant is a good candidate for DUI Pre-Trial Diversion.
- The specific admission requirement for each tier are:
- Tier One - Submit to breath/blood test and average result must be less than .15.
- Tier Two - Submit to breath/blood test with an average result of at least .15 but no greater than .22. Refusal to submit will be considered on a case by case basis.
