According to the State Attorney’s office as of 7/15/2020, if you have been charged with Driving Under the Influence, you may be eligible for the Palm Beach County 1st Time D.U.I. Offender Program. If your eligibility for this program is approved by the State's  D.U.I. filing division, you will be required to perform four pre-conditions (and stay “crime-free”) within a two-month time frame in order to obtain a State-approved plea to Reckless Driving. Those four pre-conditions are:

1. Successful performance of 20 community service hours;

2. Proof of successful completion of the DUI School;

3. Proof of successful completion of the Victim Impact Panel; and

4. Proof of successful installation of the Ignition Interlock alcohol monitoring device.

If you successfully complete ALL pre-conditions of this program within the specified time frame, the State will offer the following resolution of your criminal case at your next court date (with completed conditions being credited towards probation, with the exception of any time spent on ignition interlock supervision prior to the actual plea date):

  • Plea of guilty to Reckless Driving (adjudication will be withheld)

State of Florida will issue a nolle prosequi (State's Dismissal) on the D.U.I. charge

  • Probation for a 12-month period, with conditions based on “Tier” level assigned

This plea resolution must be entered at the Arraignment stage of the case at one of the satellite courthouses (Gun Club, North County, South County, or Belle Glade). This plea resolution must be entered prior to the filing of any defense motions, demands for discovery, or demands for jury trial. Failure by a Defendant/Defense Counsel to abide by these rules will result in disqualification from this program.

Upon successful completion of probation, you will not receive any points against your license. However, if you fail to successfully complete probation, you could be found guilty of a probation violation, which carries a penalty of up to 90 days in jail and up to a $500 fine.

PROGRAM ELIGIBILITY CRITERIA*

  • No cases involving Defendant breath samples over the 0.200 B.A.C. mark
  • No cases involving accidents
  • No cases involving minor children / animals in Defendant’s vehicle
  • No cases involving Defendants with prior commission(s) of similar offenses
  • No cases involving Defendants who have received prior formal diversion programs (excluding juvenile diversion programs)  No cases involving Defendants who have served prior prison sentences
  • No cases where Defendants did not have valid driver’s licenses at time of offense
  • No cases where there are accompanying felony charges or accompanying drug/paraphernalia charges with D.U.I. arrest

*NOTE*: ALL CASES are evaluated on an individual, fact-specific basis, notwithstanding the above criteria. A defendant’s eligibility is determined at the sole discretion of the D.U.I. filing unit, and may be based on relevant factors not mentioned above.

 

TIER 1 DIVERSION CONDITIONS

B.A.C. LEVELS BELOW 0.150

  • Plea of Guilty to Reckless Driving – adjudication withheld o D.U.I. charge – nolle prosequi issued by State of Florida
  • Probation for period of twelve (12) months, pursuant to F.S. § 948.15

CONDITIONS OF PROBATION:

o $250 fine & standard court costs o Proof of successful completion of DUI School

o Successful completion of any DUI school recommended alcohol/substance abuse treatment

o Successful completion of fifty (50) community service hours at approved location(s) o Proof of successful completion of Victim Impact Panel or YouImpact online class

o Ten (10) day vehicle immobilization o Ignition Interlock Alcohol Monitoring for a period of three (3) months

o No possession or consumption of alcohol/illegal drugs/non-prescribed drugs during probation o Random alcohol/drug testing conducted by probation at Defendant’s expense 

 

TIER 2 DIVERSION CONDITIONS

B.A.C. LEVELS BETWEEN 0.150 AND 0.200 & BREATH TEST REFUSALS

  • Plea of Guilty to Reckless Driving – adjudication withheld o D.U.I. charge – nolle prosequi issued by State of Florida
  • Probation for period of twelve (12) months, pursuant to F.S. § 948.15

CONDITIONS OF PROBATION:

  • $250 fine & standard court costs
  • $250 donation to Palm Beach County Victim Services
  • Proof of successful completion of DUI School
  • Successful completion of any DUI school recommended alcohol/substance abuse treatment o Successful completion of seventy-five (75) community service hours at approved location(s)
  • Proof of successful completion of Victim Impact Panel
  • Ten (10) day vehicle immobilization
  • Ignition Interlock Alcohol Monitoring for a period of six (6) months
  • No possession or consumption of alcohol/illegal drugs/non-prescribed drugs during probation
  • Random alcohol/drug testing conducted by probation at Defendant’s expense

 

DUI DIVERSION ELIGIBILITY REQUIREMENTS – INFORMATIONAL SHEET 2019

Dear Sir or Madam:

Please find relevant information below regarding the various conditions you must complete in order to be eligible for the Palm Beach County DUI Diversion program.

1) SUCCESSFUL COMPLETION OF TWENTY (20) COMMUNITY SERVICE HOURS

  • Community service hours must be performed at one of the locations on the reverse side of this sheet. The State Attorney’s Office reserves the right to deny entry to the DUI Diversion Program if a Defendant performs community service hours at a non-approved location. 

2) PROOF OF COMPLETION OF DUI SCHOOL

  • You must complete a Florida-licensed D.U.I program, and bring proof of completion to your next court date

3) PROOF OF COMPLETION OF VICTIM IMPACT PANEL

  • You must complete one session of the Victim Impact Panel, and bring proof of completion to your next court date.

4) PROOF OF IGNITION INTERLOCK INSTALLATION

https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ignition-interlock-program

  • You must install an ignition interlock device in your vehicle, and bring proof of installation to your next court date.

 

LIST OF SAO-APPROVED COMMUNITY SERVICE ORGANIZATIONS

  • Proof of community service hours must be turned in on the organization’s letterhead and signed by the community service supervisor, detailing date and times of service.
  • You may not receive any pay/compensation for community service hours. You cannot pay for your own community service hours or donate money in exchange for hours. 

What if you are not eligible?

Just because your initially not eligible, doesn't mean you can't see a similar result.   Many times after a proper investigation, constitutional challenges, or presentation of other mitigating circumstances we have been able to get otherwise "ineligible"   clients into a diversion program.  

Can I get a better result than Diversion?

Even if you are eligible for this diversion program, you may not want to accept it. There may be several reasons your case could get dismissed, nolle prossed, or you could be found not guilty. At the Law Offices of Matthew Konecky, P.A. we strive to give you all the information you need to make the right decisions in your case, including whether or not to take any diversion program.

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