Read Before You Sign: The Fine Print of a DUI Diversion Contract

By: John Guidry

Talk is cheap, and sometimes the devil is in the details. So, why not show people an example of what they are getting into before they sign on the dotted line? Below is a breakdown of a real DUI Pretrial Diversion Contract. You may notice that it looks a lot like probation. That is because, essentially, diversion programs are supervised by County Probation departments.

This specific example appears to be a Tier 2 Contract (for High Blows or Refusals) because it requires an Ignition Interlock and a $1,000 donation. If you are curious about the hoops you have to jump through to get a dismissal, here is the roadmap.

Are you ready to sign your life away for 12 months to avoid a conviction?

It’s usually worth it. Call John today at (407) 423-1117.

The Sample Agreement (Decoded)

Parties: Between the Defendant and the State Attorney’s Office. The Goal: “The interests of the State of Florida and the Defendant are best served by entering into this agreement.” (Translation: You get a dismissal; they get your money and compliance without a trial).

1. The “Standard” Conditions (Probation-Lite)

These are the rules that apply to almost everyone on supervision.

• Zero Tolerance: “No consumption or possession of alcohol.”
  • Note: Even if you are 21, you cannot drink a beer at a BBQ. If you test positive for alcohol (EtG test), you are out.
• Work or School: You must work regularly at a lawful occupation or be a full-time student.
  • Warning: “Employment must be verified.” They will check pay stubs.
• Reporting: Report monthly to your officer. Truthfulness is mandatory.
  • The Trap: “Any exceptions must be approved.” Do not leave the county without asking.

2. The Price Tag (It Adds Up)

DUI Diversion is not cheap.

• Program Fee: $750.00 (Non-refundable).
• Prosecution Cost: $50.00.
• Intake/Drug Testing Fees: ~$37.00.
• Donation:$1,000.00 to Victim Services or MADD.
  • Note: The sample text contained a typo reading “$1,000.000” (one million). Rest assured, it is one thousand, though it might feel like a million when you are writing the check.

3. The “Special” Conditions (The Hard Stuff)

This is where Tier 2 bites.

• Ignition Interlock: “Install an approved ignition interlock device on any vehicle you operate for six months.”
  • Reality Check: This device costs ~$100/month to rent and requires you to blow into a tube to start your car. It is embarrassing and expensive, but necessary for Tier 2.
• Community Service: 50 Hours.
• Classes: DUI Level I School, Victim Impact Panel, and Advanced Driver Improvement.
• Counseling: “Comply with any counseling recommended.” (They always recommend counseling).

4. The “Pledge” (The Future Trap)

• The Clause: “I also agree that I will sign a document described as a DUI Community Pledge… [which] may be used in future DUI-related prosecution.”
• The Meaning: You are signing a confession. If you get arrested for DUI again in 5 years, they can use this “Pledge” to argue you are a repeat offender, even though this case was technically dismissed.

John’s 2026 Update: The “Hemp” Trap & Digital Monitoring

Note: The contract above is a classic template. In 2026, technology and new laws have added a few wrinkles.

1. The “Delta-8 / Hemp” Prohibition The contract says: “You will not possess any illegal or controlled substance.”

• The 2026 Problem: Legal Hemp (Delta-8, Delta-9) causes you to fail a drug test for THC.
• The Reality: Diversion officers generally ban ALL intoxicating substances, legal or not. If you pop for THC, they don’t care that you bought it at a gas station. You are violated. You must stop smoking/gummy-ing everything during the program.

2. Electronic Reporting (The App) The contract mentions “electronic” reports.

• The 2026 Tech: Most counties now use a Smartphone App for monthly check-ins.
• The Risk: These apps often capture your GPS Location when you check in. If you claim to be at work but the GPS puts you at the beach, you can be violated for lying.

3. “Trenton’s Law” Makes This Contract Vital As I mentioned in my previous update, refusing a breathalyzer is now a separate crime (misdemeanor) under 2026 laws.

• The Benefit: Signing this contract is now the only way to get both the DUI and the “Refusal to Submit” charge dismissed. If you fight it in court and lose, you get two convictions. If you sign this, you get zero.

It’s a Contract, Not a Suggestion

If you sign this, you are agreeing to invite the government into your life for 12-15 months. If you violate, the “Review Board” isn’t likely to be merciful—they will just kick you out and prosecute you. But if you can behave for a year, you get your life back.

Call me at (407) 423-1117. Let’s review the terms.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.