First Time DUI Offenders Can Avoid Conviction Through Diversion Program

by | Nov 6, 2019 | DUI

Being charged with a DUI for the first time is a harrowing experience. You may be wondering — Am I going to jail? Will I lose my driver’s license? Is my reputation destroyed? Fortunately, Palm Beach County offers a diversion program for first-time DUI offenders that shields against harsh punishment. 

What is the Palm Beach First-Time DUI Offender Program?

The Palm Beach DUI First Time Offender Program enables you to get your DUI charge reduced to a reckless driving charge (second-degree misdemeanor) with a withhold of adjudication which means you are sentenced to probation without being formally convicted of a crime

If the State Attorney’s Office determines you are eligible, you will be placed into Tier 1 or Tier 2 of the program. Tier 1 is for a BAC level below .15 and Tier 2 is for a BAC level between .150 or .200 including breath test refusals. 

Depending on the tier you are placed in, terms and conditions of the program may include: 

  • Completing community service
  • Completing DUI school
  • Attending Victim Impact Panel class
  • Submitting to an alcohol monitoring device for 3-6 months (installing an ignition interlock alcohol monitoring device, SCRAM monitor, or visual alcohol monitoring)

Failure to complete the program will result in reinstating your DUI charge and spending 90 days in the Palm Beach County Jail. 

Am I Eligible?

To qualify for the DUI diversion program in Palm Beach County, the following must be true:

  • you had a driver’s license at the time of the arrest
  • you were not involved in a crash
  • no minors or pets were in the vehicle
  • you have no prior DUI’s or other criminal convictions that resulted in a prison sentence
  • you never participated in a previous diversion program (excludes juvenile programs) 
  • you were not charged with felony drug/paraphernalia possession 

Consult a DUI Defense Attorney

If you’re facing DUI charges in Palm Beach County, you need a tough criminal defense lawyer on your side. Call us today (561) 820-4848 to schedule a free consultation. Our offices are conveniently located in West Palm Beach and Wellington.