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How To Assess Whether You Are Eligible For Back On Track DUI Diversion Program (Miami-Dade Only)

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The Back On Track Program in Miami-Dade County is a diversion-like program for first-time DUI offenders. If you qualify, you will perform probation-like conditions but will ultimately receive a withhold of adjudication (no conviction) to a reduced charged of reckless driving. This can then be sealed.

The court will not impose a driver's license suspension as they are required to do when you are convicted of DUI. You will not have to impound your car for 10 days either.

The Back On Track Program does not exist in Broward County. If you get a DUI in Broward County, you will have to litigate the case.

But for eligible participants, the program could be beneficial. Here's a few easy ways to see whether you may be eligible.

1) This is your first DUI. Period. Even if you had one twenty years ago, the State Attorney's Office only offers BOT to first-time DUI offenders.

2) You were not arrested for anything else during your DUI such as possession of marijuana or resisting an officer without violence.

3) You were not involved in a car accident during your DUI arrest.

4) You have no more than two misdemeanors on your criminal record (non-DUI) and no more than one felony where adjudication was withheld of case was dismissed (nolle prossed).

5) If you consented to a breath test, the result was less than .25. Above a .25 and you will not qualify for BOT.

These are just a few things to consider. While accepting the program, if offered, is ultimately your decision, it is wise to have this conversation with your Miami DUI lawyer.

Eric Matheny is a Miami DUI attorney assisting clients in participating in and completing the Back On Track Program.