DUI Diversion Program
Most people who are arrested for Driving Under the Influence (DUI) are not hardened criminals or repeat offenders. They are honest, hard-working and successful people of influence in business, young professionals, college or even high school students. In fact, most people who are arrested for DUI will be experiencing the criminal justice system for the first time.
An encounter with law enforcement is unnerving, causes great stress and can be downright terrifying, especially for someone who has never been in trouble with the law.
It is imperative to realize that you have made a mistake or fell victim to a slight lapse in judgment that has you where you are now. However, suppressing the memory and attempting to ignore the problem will not help. Treating it as if it were just another traffic ticket is not very prudent either. Given the harsh social stigma associated with DUI and the tough and oftentimes lifelong consequences a DUI conviction (DUI convictions can never be erased from your record), you must act quickly to ensure your rights are protected—starting with challenging the administrative suspension of your driver’s license to fighting your criminal case in order to get the best possible outcome and avoid a conviction for DUI. Attorney Daniel Izquierdo understands what you are going through and is here to help.
Miami Back on Track Program
Miami’s version of a DUI Diversion Program is known as the Back on Track Program. Admission into a DUI Diversion Program is not a given nor is it virtually automatic. In order to receive a referral to the Back on Track Program, this MUST be your first arrest for DUI. In addition, you must not have caused an accident or injury and you cannot have had minor children in the car at the time. The individual must not have a criminal record that exceeds one prior, nonviolent felony or two misdemeanors convictions.
If you were driving on a suspended license at the time of your DUI arrest, or have previously completed more than one misdemeanor diversion program, you will not be eligible for the Back on Track Program in Miami. There are instances when the facts alleged in the DUI arrest affidavit (i.e. driving patter indicating high rate of speed or reckless driving) will make you ineligible for the diversion program. Therefore, if your driving record as a whole includes points or previous reckless driving cases, you may be deemed ineligible by the State Attorney’s Office. Furthermore, registering a breath alcohol reading of .25 or higher will also make you ineligible for enrollment in the Back on Track Program. Working with a Miami DUI lawyer is the best way to secure a referral into the Back on Track/DUI Diversion Program in Miami-Dade County.
A Miami DUI lawyer will not only work tirelessly to help you secure a referral to enroll in the Back on Track DUI Diversion Program but can also help guide and counsel you through all the requisite steps of the program and even help you clear your record after you have completed the program and your case is closed with a reduced charge.
It is important to note that the Back on Track Program does come with substantial expectations being placed on you after enrollment. Miami’s Back on Track Program is monitored by one of two companies, The Advocate Program or Court Options. Depending on the program and what level/tier you are placed in, you will have to complete requirements which usually include: attending substance abuse counseling, community service, attending victim impact panels, submitting to random drug tests, fees, costs and donations to organizations (Mothers Against Drunk Driving).
The program includes fines/costs (usually ranging, on average, from $1,500-$2,500). By entering into the program you will also be signing an admission of guilt and possibly even admitting such on record before the judge as a condition of enrollment. Should you fail to comply with all requirements set forth by the State and the program, you may have your case come back before the Court and the state will proceed on the DUI charges with your admission as evidence. Even though Back on Track is a great opportunity afforded to those accused of DUI for the first time, it also something that involves potential high risk while requiring a lot from the Defendant and should not be entered into without first having a DUI attorney guide you every step of the way.
Successfully completing the requirements of the Back on Track Program will help you avoid jail time, conviction and a criminal record. Instead of having a conviction for DUI on your record your DUI charge will be amended (broken down) to Reckless Driving. In addition you will not be adjudicated guilty, meaning you will receive a withhold of adjudication to the Reckless Driving and you may be eligible to have your record sealed at that point.