Get Answers to Common Questions Now
Our clients have many of the same fears and concerns. To get started, we’ve compiled answers to many of the most frequently asked questions about Federal, Florida DUI and criminal law, covering a wide range of topics to help each client understand the potential implications and options of many legal situations.
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Am I eligible for the Back on Track (DUI diversion) program?
The majority of the time, those arrested for DUI are first-time offenders and not hardened criminals that have been through the system before. In reality, getting arrested for DUI can simply be a mistake. DUI diversion programs such as the Back on Track program in Miami are offered by the prosecutor’s office and help make your DUI just that by allowing you to clear your record of the permanent stain brought on by a DUI once you complete certain conditions.
In Miami, referrals to the Back on Track program are given by the State Attorney’s Office and not all first-time DUI offenders will qualify. If you have a high breath test reading (over .20), were involved in an accident, had passengers under 18 years of age in the car, have previous DUIs, have a poor traffic record or a criminal record, you may not be offered acceptance into the program.
I know what you’re thinking, ‘why do I need a lawyer to go into the Back on Track program?’ The reason being that a referral is not guaranteed and depends on the facts of your case. Also, an experienced DUI lawyer will be able to go to court with you and make sure that you are able to successfully complete all conditions of the program. There are also potentially dangerous consequences of accepting a referral into the Back on Track program as you will be required to sign a statement of personal responsibility (admit guilt to DUI) as a condition of acceptance into the program. Should you fail to complete all the conditions, you be removed from the program and your case will come back to court where the State will try to use your admission of guilt against you. Having a skilled DUI attorney by your side is imperative so that you can be advised on the pros and cons of accepting a referral to the program and help determine whether it is truly in your best interest to do so.
What is actual physical control?
In Florida you do not have to actually be driving to be found guilty of driving under the influence. To be found guilty of DUI in Florida, you must be driving or in actual physical control of a motor vehicle. A person is in actual physical control of a motor vehicle when they are in a vehicle and have the ability (present and apparent) to move the vehicle.