Pretrial diversion may be available to some eligible first time DUI defendants in Florida, but availability varies by county and by prosecutor's office, and it is not available everywhere. Where it exists, eligibility is decided locally.
Why diversion depends on where the case is filed
Diversion is not something the DUI statute hands out automatically. Whether a program exists depends on the county where the case is prosecuted and on the policies of the prosecutor's office there. Some offices have programs, some do not, and where programs exist, their terms differ.
A DUI case is prosecuted in the county where the arrest happened, not where the driver lives. The program that matters, if there is one, is the one in the county of arrest. A driver who lives in one county and was arrested in another may find the options are different from what friends or neighbors experienced.
How diversion interacts with Florida's DUI conviction rules
Florida treats a DUI conviction more strictly than many other offenses. Courts cannot withhold adjudication on a DUI, and a DUI conviction cannot be sealed or expunged. A DUI conviction stays on the Florida driving record for 75 years, which makes the question of how a case ends especially important.
Diversion, where it exists, operates before the case is resolved. In general terms, the person completes conditions set by the program instead of following the usual path to a plea or trial. What happens to the charge at the end depends on the program's written terms, which deserve careful reading.
Who tends to be considered for a program
Where programs exist, they are generally aimed at eligible first time offenders. Prior offenses, the facts of the arrest and other details may affect eligibility, and the prosecutor's office decides who qualifies under its own criteria. Fitting the general description does not mean an offer will be made.
What a diversion program does not touch
The administrative license suspension is a separate track handled by DHSMV. There are 10 days from the arrest to request a formal review hearing, and if no request is made, the suspension takes effect. That deadline runs whether or not a diversion offer comes later, so waiting to hear about diversion does not protect the license.
Where no program exists or a person does not qualify, the case follows the usual path: arraignment, discovery, motions and, eventually, dismissal, plea or trial. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving, but that is never automatic either.
Asking about options in your county
DUI Lawyers Shield Firm has offices in Satellite Beach and Orlando, serving Brevard County and Central Florida, and also takes cases in Bay County and Broward County. A free case review can cover whether any diversion option exists in the county where your case is filed and how it would compare with the usual path.
Keep reading
- What a Nolo Contendere Plea Really Means in Florida DUI Court
- How a Florida DUI Affects Your Professional License
- How a Florida DUI Can Affect Your Immigration Status
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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