Criminal Defense
Since 1993
Since 1993
DUI Diversion, the Basics
Here in Central Florida we have a wonderful program called the DUI diversion program. There are 67 counties in Florida and there are only a handful, I mean one hand maybe into a second hand, that’s how few DUI diversion programs are out there.
A diversion program is just a fancy way of saying: jump through a bunch of hoops and all your charges will disappear. They will be dismissed. You want dismissal on a DUI. You don’t want those high insurance rates and all the other things that come with a DUI conviction, believe me. So, this program is excellent, however, it can be a little tricky to get into.
So ,for example, if you’ve had an accident on the DUI you’re not getting into this. You cannot hit another car or injure another person as part of the DUI and get into this program. Not gonna happen.
But even a baby accident, let’s say you hit a curb and you wreck, you just wreck your front rim or something like that or flatten your tire–even though you didn’t hurt anybody else, even though you didn’t hurt another car, you only hurt your own car–still not getting into DUI diversion. And, it even gets a little stickier.
Let’s say you didn’t get into an accident but you were driving down the wrong side of the road or going down the wrong way on a one-way street. These sorts of things, safety issues, that’s going to get you denied. You are not getting into the program if there are some safety issues with the way you were driving when you’re arrested for the DUI.
Other than that, you have to also consider your background. have you ever had a diversion case before if you’ve done diversion before they’re not going to let you into DUI diversion and here’s the little hidden gem–teen court while you’re a juvenile counts as diversion. I can’t believe this but I’ve seen it. So, if you were even in teen court as a juvenile they’ll deny you as an adult to the DUI diversion program.
Now, one of the good things is a couple little misdemeanors on your record as long as they’re not alcohol-related, they won’t deny you. Let’s say you had a petit theft a couple years ago. You could still get in the program. You don’t have to be a first offender. So, please take advantage of this DUI diversion. It’s a pretty rare program. It’s a great program. Get in touch with an attorney. Get this thing moving. Good luck.