Orange County vs. Seminole County: The Tale of Two DUI Programs

By: John Guidry

Orange County has long been on the “cutting edge” (if you can call it that) of helping folks who made just one bad mistake. We call this help “Diversion.”

For years, Orange County has offered a DUI Diversion program where, if you jump through enough hoops, the State drops the case entirely. Poof. Gone.

It has taken Seminole County almost a decade to create a similar program of their own. It is creatively titled the “Seminole County First Time DUI Offender Program.”

While it isn’t an exact clone of the Orange County version, it is a huge step forward for drivers in Seminole. Here is the breakdown of what you need to know if you are facing your first DUI in Central Florida.

First-time DUI in Seminole County?

You might be eligible to get the charge reduced and your record sealed. Call John today at (407) 423-1117.

The Big Difference: Dismissal vs. Reduction

Every person charged with a first-time DUI asks the same question: “What is going to happen to me?” The answer depends on which side of the county line you were stopped on.

• Orange County: If you complete the Diversion program, your case gets dismissed.
• Seminole County: They are careful not to call their program “diversion” because they don’t offer a full dismissal. Instead, if you complete their program, they reduce the DUI charge down to Alcohol-Related Reckless Driving.

Why is this still a win? While a dismissal is the gold standard, a reduction to Reckless Driving is still a beautiful thing. Why? Because Seminole County agrees to a Withhold of Adjudication. This means you are not convicted of the crime. Because there is no conviction, you may be eligible to have the case sealed later, effectively erasing it from public view.

How to Get In: The “Pre-Conditions”

Seminole County wants to make sure you are serious before they let you sign the contract. You have to prove yourself. To enter the program, you must complete three tasks within 60 days:

1. Enroll in DUI School (completing it is better, but enrollment is required).
2. Enroll in a Victim Awareness Program (like the YouImpact online course).
3. Complete 20 Hours of Community Service.

The Two Tiers of Punishment

Once you are in, the program is split into two “Tiers” based on your breath alcohol level (BAC).

Tier 1 (Blow under 0.150)

• Outcome: Charge reduced to Reckless Driving (Withhold of Adjudication).
• Probation: 6 months.
• Financials: $100 fine + $400 donation to Kids House of Seminole.
• Conditions: Complete DUI School and counseling (if recommended), Victim Awareness Panel, random drug/alcohol testing. No alcohol allowed.

Tier 2 (Blow over 0.150 or Refusal)

• Outcome: Charge reduced to Reckless Driving (Withhold of Adjudication).
• Probation: 9 months.
• Community Service: 50 hours total (your initial 20 hours count toward this).
• Vehicle: 10-day immobilization of your vehicle.
• Conditions: Same school, counseling, and testing requirements as Tier 1.

Who is Disqualified?

Not everyone gets this golden ticket. Prosecutors evaluate entrants on a case-by-case basis, but there are seven things that will definitely keep you out:

1. High Blow: If you blow over 0.250, no program for you.
2. Accidents: If you crashed, you generally don’t qualify.
3. Passengers: No children or animals in the car.
4. Prior Offenses: No prior alcohol-related offenses.
5. Prior History: No prior diversion cases or prior prison sentences.
6. License Status: You must have had a valid Driver’s License at the time of the arrest. Driving on a suspended license disqualifies you.
7. Drug Charges: Currently, if you have an accompanying drug charge (like weed found in the car), you are out. (Though rumor has it Seminole County may soften this stance soon).

John’s Takeaways

This program is a game-changer for Seminole County cases. Before this, you were often stuck fighting an uphill battle or taking a plea to the DUI. Now, we have an exit strategy that protects your criminal record.

If you have been arrested for a DUI in Sanford, Altamonte Springs, or Casselberry, do not just plead guilty. We need to see if you qualify for this program immediately.

Call me at (407) 423-1117. Let’s get you into the program.

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.