I have just learned that Miami-Dade’s DUI Diversion program, known as “Back On Track” has implemented a few new changes.
For Level 1 participants, which means that a breath sample was given and that sample was under .15, there is now a requirement of a 30-day SCRAM bracelet or a 3-month ignition interlock device. The participant must pay the costs, which can run as high as $10 a day.
For Level 2 participants, which means that there was a refusal or the breath-alcohol reading was .15 or higher, there is now a requirement of a 60-day SCRAM bracelet or a 6-month ignition interlock device. Again, the participant must pay these costs.
Back On Track is run through the Advocate Program, which is a private company. It would be foolish to think that profit wasn’t a motive here.
Miami-Dade County permits some first-time DUI offenders to enter into the Back On Track program which will allow a DUI to be reduced to reckless driving with a withhold of adjudication if the conditions of the program are completed. A withhold to a reckless driving can be sealed.
Broward County does not offer first-time DUI diversion.
These new changes have just been announced today. No word on whether these changes will remain in place.
Eric Matheny is a Miami DUI lawyer and Broward DUI lawyer.