After a first-time arrest for DUI in Miami, FL, contact an experienced criminal defense attorney to discuss the pros and cons of entering the “Back on Track” DUI diversion program. Contact Hubbs Law for a free consultation to discuss your case.

It is important to know that the “Back on Track” program for DUI (Driving Under the Influence, or "Drunk Driving") in Miami, Florida does nothing to protect your driving privileges after an administrative driver's license suspension. Even if you are considering a diversion program, you should still talk to an attorney about filing a demand for a formal review hearing within the first 10 days of your DUI arrest.

Many people avoid a DUI conviction after a first arrest for DUI in Miami, but the benefits of avoiding that conviction are diminished unless you also win your formal review hearing to invalidate the administrative suspension.

If you are not guilty of the DUI offense, then you might be better off fighting the charges in court for an outright dismissal instead of entering a diversion program. Also, the diversion program can have serious consequences for certain types of professionals, including nurses and other health care providers, teachers and other certified educators, members of the military, and law enforcement officers.

Even college students can face disciplinary action for a DUI arrest even if it occurred off campus. Drivers of commercial vehicles with a CDL license face the most serious consequences to their career after a DUI arrest.

Call E.J. Hubbs to discuss the pros and cons of entering the “Back on Track” diversion program in Miami, FL. Call (305) 665-9040 to discuss your case directly with an experienced DUI defense attorney who is board certified in criminal trial law by the Florida Bar.

What is the Back on Track Program?

The Back on Track Program (often called “BOT”) is a safe driving initiative of the State Attorney’s Office in Miami-Dade County. Under this DUI diversion program, eligible first-time DUI offenders who complete the program will have an opportunity to receive a withhold of adjudication on a reduced charge of Reckless Driving.

The State Attorney’s Office in Miami determines eligibility based on the person’s driving record, criminal history and circumstances surrounding the DUI arrest. The BOT program in Miami, FL, has two tiers.

• The Tier 1 program is for people arrested for DUI who submitted to chemical testing and had a breath/blood alcohol level (also known as BAC or BAL) under 0.15 at the time of the DUI arrest.
• The Tier 2 program is for a person arrested for DUI who refused a breath, blood or urine test or had a BAC of 0.15 or higher. Read more about the DUI refusal case in Miami, FL.

The costs and conditions of the Back on Track program in Miami-Dade County, FL, vary depending on the tier in which a person is enrolled.

What are the Requirements of the Back on Track Program?

Completion of the BACK ON TRACK program does not result in the dismissal of the charge for Driving Under the Influence of alcohol or drugs (DUI). Instead, if you successfully complete the program, the charge will be reduced or amended to a reckless driving charge and adjudication will be withheld.

The withholding of adjudication means that you are not “convicted” of the crime. It also means that you will not receive any points on your driving record. If you have no other convictions for any criminal offense, then you would be eligible to seal your arrest record after the case is resolved.

If the prosecutor with the State Attorney’s Office in Miami, FL, determines that you are a candidate for the BACK ON TRACK program, you will be designated for either the Tier 1 or Tier 2 category.

Tier One Requirements

Back on Track's TIER ONE category is reserved for a person with a Breath/Blood Alcohol Level (BAC) below 0.15. The term of the Tier One program is six months. During that period of supervision, you must report monthly and submit to random alcohol and drug testing. You must successfully complete DUI School within the first three months of the program. Other requirements include:

• Undergo substance abuse evaluation, conducted by the DUI School, within one month of enrollment;
• Complete alcohol evaluation and recommended follow-up treatment during the term of the program;
• Perform 40 hours of community service;
• Attend a two-hour Victim Impact Panel Class and the online YouImpact Program;
• Install an ignition interlock device (IID) on your vehicle for three months during the term of the program

In the Tier One category of the Back on Track DUI diversion program in Miami, you are also required to pay certain costs including:

• $500 for the cost of supervision;
• $300 to a victim services/enforcement fund donation;
• $50 to the cost of prosecution;
• DUI School, drug testing fees, and treatment fees (if necessary) as required by the provider; and
• Cost recovery to law enforcement as determined by your case

Tier Two Requirements

Tier Two requirements are reserved for anyone with a BAC of 0.15 or above or those who refuses a breath, blood or urine test. The term of the Tier Two Back on Track DUI diversion program is nine months. During that period of supervision, you must report monthly and submit to random alcohol and drug testing. You must also complete DUI School within the first three months of the program. Other requirements of Tier Two include:

• Submit to a substance abuse evaluation, conducted by the DUI School, within one month of enrollment;
• Complete any treatment, if mandated, within the term of the program;
• Perform 60 hours of community service;
• Attend a two-hour Victim Impact Panel Class and the online YouImpact Program;
• Install an ignition interlock device (IID) on your vehicle for six months during the term of the program

The costs for the Tier Two DUI diversion program in Miami, FL, include:

• $650 for the cost of supervision;
• $500 to a victim services/enforcement fund donation;
• $50 to the cost of prosecution;
• DUI School, drug testing fees, and treatment fees (if necessary) as required by the provider;
• Cost recovery to law enforcement as determined by your case; and
• Court Costs