Can I enter the pretrial diversion program with a prior conviction?

A defendant may seek admission to DUI pretrial diversion if they have only one non-DUI-related misdemeanor offense that resulted in a conviction/sentence. A defendant with a prior alcohol-related driving offense (regardless of disposition) or a felony conviction/sentence may not enter the pretrial diversion program.

What happens if I violate the terms of pretrial diversion?

Prosecutors may reinstate DUI charges against a person who violates the conditions or fails to complete the requirements of pretrial diversion. As a result, the individual may face a trial, conviction, and sentencing that may impose penalties such as incarceration and fines.

Is entering pretrial diversion better than fighting my charges?

Although entering pretrial diversion may seem like an easy way to resolve DUI charges, you can best protect your rights and interests by consulting a DUI defense attorney about your case. While you can avoid a conviction and criminal record by completing pretrial diversion, the program imposes financial expenses and time obligations. Failing to complete the program can expose you to continued prosecution. However, a DUI defense attorney can review the facts of your case to identify potential factual and legal defenses you might raise against the prosecution’s case to pursue a dismissal of your charges or an acquittal at trial. As a result, defending yourself and asserting your innocence may represent a better option for resolving your DUI charges.

West Palm Beach DUI Diversion Program Lawyer | Pretrial Diversion Program Attorney West Palm Beach, FL

Pretrial Diversion Program Attorney in West Palm Beach, FL, Offering Alternatives to Conviction in Palm Beach County

When facing devastating consequences from a DUI conviction, let West Palm Beach DUI diversion program lawyer Brandon Dinetz help you explore alternatives to conviction and criminal penalties. Brandon has helped clients seek admission into Florida’s DUI diversion programs; in one case, he helped a client who had a breathalyzer test result over 0.08 enter a diversionary program after pleading guilty to reckless driving, even though the client was facing revocation of his bond for street racing while his DUI case was pending. Don’t let one mistake define your future. Contact BD Law today for an initial case review to discuss your eligibility for admission into a DUI diversion program that can help you get back on the right track and avoid the personal and financial consequences of a DUI conviction.

Understanding Florida’s Pretrial Diversion Program

A DUI conviction can have life-changing consequences for an individual. Even if a person avoids incarceration after a conviction, the stigma of a DUI on one’s record can lead to the loss of one’s job and future employment opportunities and make applying for other opportunities, such as housing, education, or adoption of a child, more challenging. Law enforcement, prosecutors, and the courts recognize that facing the criminal justice system for the first time can serve as a wake-up call that a person needs to make changes to avoid future illegal behavior. As a result, Florida has established pretrial diversionary programs in certain counties, including Palm Beach County, that enable individuals to avoid the harshest consequences of a mistake.

The pretrial diversion program provides deferred prosecution for eligible DUI defendants. Successful completion of the program usually results in the dismissal of the defendant’s charges, wiping the DUI from the driver’s record and ensuring that the consequences of a criminal record do not follow them for years to come.

Eligibility requirements for pretrial diversion in DUI cases in Palm Beach County include:

Must face a misdemeanor DUI charge; felony DUI charges render a driver ineligible for pretrial diversion
Must have no prior conviction, sentence, or dismissal for DUI or other alcohol-related driving offenses and no more than one prior misdemeanor conviction or sentence for another offense; may not have any prior deferred prosecution/diversion programs, juvenile programs, or felony convictions/sentences
Legally reside in the U.S.

A driver seeking admission to pretrial diversion in Palm Beach County must obtain approval from the Office of the State Attorney. When the state attorney approves a defendant for pretrial diversion, it will present the defendant with a contract for the defendant to sign outlining the requirements and obligations for the successful completion of pretrial diversion. Florida’s pretrial diversion program has two tracks, based on the driver’s measured blood/breath alcohol level at the time of their arrest:

Tier I: Must complete a state-licensed DUI school, Victim Impact Class, submit to random urine screens, pay the costs of law enforcement’s investigation, and serve a 10-day vehicle impoundment
Tier II: Must complete a state-licensed DUI school, Victim Impact Class, submit to random urine screens, pay the costs of law enforcement’s investigation, and install an ignition interlock device in their vehicle for six months

Facing DUI Charges? BD Law Can Help.

Schedule Your Free Consultation

Speak With Our Top-Rated
DUI Defense Attorney

(561) 778-5213

How an Attorney Can Help You Get into the Pretrial Diversion Program in Palm Beach County

Although the Office of the State Attorney has sole discretion whether to refer your case to pretrial diversion, hiring an experienced DUI defense attorney can help improve your chances of acceptance into the diversionary program in Palm Beach County. An attorney can review your record and the facts of your case to determine your eligibility for pretrial diversion. An experienced defense lawyer like Brandon Dinetz, who has extensive relationships with the State Attorney’s office, can persuasively advocate on your behalf to seek approval for your entry into pretrial diversion. Once in the program, your attorney can explain your rights and obligations to help ensure you successfully complete pretrial diversion and obtain a dismissal of your charges and record.

Contact a West Palm Beach DUI Diversion Program Lawyer to Pursue a Favorable Resolution of Your Charges

Depending on your circumstances, you may have the option of applying for admission to a DUI diversion program in Palm Beach County that can allow you to avoid the serious consequences of a DUI conviction. Contact BD Law today for a confidential consultation with a pretrial diversion program attorney in West Palm Beach, FL, to discuss the details of your case and evaluate your options for entering a diversionary program to resolve your DUI charges.