When you finish the Miami-Dade DUI diversion program "Back On Track," it's important to remember that you DUI charge WILL NOT result in your DUI charge being dismissed. This is a common misconception about Back On Track. What will happen if you successfully complete Back On Track is that the State Attorney's Office will amend your DUI charge to a charge of reckless driving. The judge will withhold adjudication, which will not result in a conviction on your record nor points against your license, and you will be ordered to pay court costs.
Some people are confused when they are suddenly ordered to pay about $500 after completing Back On Track. I mean, they already spent a lot of money over the course of the program on things like counseling and treatment and program fees. Well, there's more money you owe once the program is over. Since the DUI deferred until you completed the conditions on the program, you are now ordered to pay your statutory court costs since the case has now been resolved. Make sense?
If you don't pay the court costs or at least set up a payment plan, your license can be suspended.
Back On Track may be a great opportunity for you to get your DUI charge amended to a charge of reckless driving. Talk with your DUI attorney about the possibility of Back On Track. Remember - a DUI carries a mandatory conviction, which you cannot seal. You can seal a reckless driving charge provided you are otherwise eligible to seal your record in Florida.
Eric Matheny is a DUI attorney in Miami-Dade County.