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Attorney for “Back on Track” in Miami, FL

After a first-time arrest for DUI in Miami, FL, contact an experienced criminal defense attorney to discuss the pros and cons of entering the “Back on Track” DUI diversion program.  Contact Hubbs Law for a free consultation to discuss your case.

It is important to know that the “Back on Track” program for DUI (Driving Under the Influence, or "Drunk Driving") in Miami, Florida does nothing to protect your driving privileges after an administrative driver's license suspension. Even if you are considering a diversion program, you should still talk to an attorney about filing a demand for a formal review hearing within the first 10 days of your DUI arrest.

Many people avoid a DUI conviction after a first arrest for DUI in Miami, but the benefits of avoiding that conviction are diminished unless you also win your formal review hearing to invalidate the administrative suspension.

If you are not guilty of the DUI offense, then you might be better off fighting the charges in court for an outright dismissal instead of entering a diversion program. Also, the diversion program can have serious consequences for certain types of professionals, including nurses and other health care providers, teachers and other certified educators, members of the military, and law enforcement officers.

Even college students can face disciplinary action for a DUI arrest even if it occurred off campus. Drivers of commercial vehicles with a CDL license face the most serious consequences to their career after a DUI arrest.

Call E.J. Hubbs to discuss the pros and cons of entering the “Back on Track” diversion program in Miami, FL. Call (305) 615-5945 to discuss your case directly with an experienced DUI defense attorney who is board certified in criminal trial law by the Florida Bar.


What is Miami's BACK ON TRACK DUI Diversion Program?

The Back on Track Program (often called “BOT”) is a safe driving initiative of the State Attorney’s Office in Miami-Dade County. Under this DUI diversion program, eligible first-time DUI offenders who complete the program will have an opportunity to receive a withhold of adjudication on a reduced charge of Reckless Driving.

The State Attorney’s Office in Miami determines eligibility based on the person’s driving record, criminal history and circumstances surrounding the DUI arrest. The BOT program in Miami, FL, has two tiers.

The costs and conditions of the Back on Track DUI diversion program in Miami-Dade County, FL, vary depending on the tier in which a person is enrolled.


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What are the Requirements of the Back on Track Program?

Completion of the BACK ON TRACK program does not result in the dismissal of the charge for Driving Under the Influence of alcohol or drugs (DUI). Instead, if you successfully complete the program, the charge will be reduced or amended to a reckless driving charge and adjudication will be withheld.

The withholding of adjudication means that you are not “convicted” of the crime. It also means that you will not receive any points on your driving record. If you have no other convictions for any criminal offense, then you would be eligible to seal your arrest record after the case is resolved.

If the prosecutor with the State Attorney’s Office in Miami, FL, determines that you are a candidate for the BACK ON TRACK program, you will be designated for either the Tier 1 or Tier 2 category.


Tier One Requirements

Back on Track's TIER ONE category is reserved for a person with a Breath/Blood Alcohol Level (BAC) below 0.15. The term of the Tier One program is six months. During that period of supervision, you must report monthly and submit to random alcohol and drug testing. You must successfully complete DUI School within the first three months of the program. Other requirements include:

In the Tier One category of the Back on Track DUI diversion program in Miami, you are also required to pay certain costs including:


Tier Two Requirements

Tier Two requirements are reserved for anyone with a BAC of 0.15 or above or those who refuses a breath, blood or urine test. The term of the Tier Two Back on Track DUI diversion program is nine months. During that period of supervision, you must report monthly and submit to random alcohol and drug testing. You must also complete DUI School within the first three months of the program. Other requirements of Tier Two include:

The costs for the Tier Two DUI diversion program in Miami, FL, include:


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Additional Resources

Back on Track Program — Visit the website of the Advocate Program to find program information and requirements for the Back on Track Program after a first DUI arrest in Miami and Miami-Dade County. This information from the Advocate Program was last revised on 2/6/14.

Pretrial Diversion and Probation Services — The Advocate Program provides information on Pretrial Diversion Programs managed by the Miami-Dade County State Attorney’s Office for certain kinds of felony and misdemeanor crimes. Additionally, the advocacy program supervises people who are placed on probation for a criminal or traffic offense, monitors their attendance in classes or group counseling, as well as their compliance with other special conditions of probation. Visit the Advocate Program website to learn more about Felony Pretrial Diversion, Juvenile Services Programs, Misdemeanor Pretrial Diversion, Traffic Diversion, and the Back on Track (BOT) Program. Visit the website of the Advocate Program, Inc., to find out more about the costs and requirements for both tiers.

Information on the Back on Track Program — Visit the website of Court Options, which was founded by George Romagosa and Ruben Valdivia, two criminal justice professionals that have developed and delivered court-approved programs. Court Options is approved by the State Attorney's Office to serve the citizens of Miami-Dade County, including the Back on Track DUI diversion program in Miami. Other services include pretrial diversion programs, case management, SCRAMx, and Outpatient Substance Abuse treatment.


Find an Attorney for Miami’s DUI Diversion Program for a First DUI

If you were arrested for a first-time offense of DUI (also known as DWI or OWI in other states) in Miami or Miami-Dade County, FL, then contact an experienced criminal defense attorney at Hubbs Law to discuss the pros and cons of entering the Back on Track diversion program.

An experienced DUI attorney in Miami, FL, can help you determine your best defense and vigorously fight your drunk driving charges to obtain the best result. Whether you took the breath test on the Intoxilyzer 8000, or refused a breath, blood or urine test, find out the best ways to protect your rights. Call (305) 615-5945 today for a free consultation with E.J. Hubbs to learn more about the best ways to fight your case.

Call for a free consultation to learn more about the charges pending against you, possible defenses to those charges, and ways to avoid the typical punishments after a first DUI arrest in Miami, FL.


This article was last updated on Friday, March 3, 2017.

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