If you are facing your first DUI charge in Pinellas County, you may qualify to have your case diverted out of the criminal courts and into the DUI Rehabilitation of Offenders Program, called D.R.O.P. This program offers first-time DUI defendants an opportunity to escape the lifelong negative stigma and harsh consequences attached to a DUI conviction in Florida.
Stechschulte Nell, Attorneys at Law, specializes in the criminal defense of all DUI cases and we want all our clients and neighbors in Pinellas County and Hillsborough County to understand the new D.R.O.P. DUI diversion program.
What’s the Benefit of Participating in D.R.O.P. DUI Diversion Program?
For those drivers who successfully complete all the requirements of the Pinellas County D.R.O.P. program, the DUI charge will not be prosecuted. Instead, with the court’s approval, the criminal charge will be changed to Reckless Driving which is considered a lesser offense. Amending the charge from DUI to Reckless Driving allows some D.R.O.P. program graduates to file an application to seal the record of the case.
DUI convictions, even DUIs where judgment is withheld, can never be sealed or expunged. Other D.R.O.P. program graduates who have BAC readings between 0.12 and 0.15, or who refused a breath test, will still enter a guilty plea but will accept conviction of the less stigmatized offense of Reckless Driving.
Who Is Eligible for the D.R.O.P. DUI Diversion Program?
The D.R.O.P. program was created by the State’s Attorney in Pinellas County and admission to the program is entirely within the discretion of the State’s Attorney’s Office. Eligibility for the D.R.O.P. program is restricted to first-time misdemeanor DUI defendants, except the following:
- No cases involving Defendants with a breath or blood sample over 0.150 B.A.C.; no B.A.C. extrapolation is permitted
- No cases involving crashes with bodily injury or significant property damage, or cases that involve minor children in the Defendant’s vehicle
- No cases involving Defendants with accompanying or pending felony charges or on any form of supervision
- No cases involving Defendants with prior commission(s) of similar offenses or who have received prior traffic related diversion programs
- No cases involving Defendants who did not have a valid driver’s license at time of offense or who have a CDL.
D.R.O.P. program applications must be filed at or before the second pretrial hearing in the DUI case. You can file the application with or without a lawyer. But, as always, we urge everyone facing any criminal charge, especially DUI, to consult with an experienced criminal defense lawyer before doing anything.
Waiving Speedy Trial Rights — Part of the D.R.O.P. program requires every applicant to formally waive their legal right to a speedy trial. Speedy trial rights are an important procedural advantage in some cases in which prosecutors’ evidence is too weak to win a conviction. While waiving speedy trial rights is often appropriate, no important legal rights should be waived without first consulting a qualified DUI defense lawyer.
Requirements to Enter the D.R.O.P. Program
Entry into the D.R.O.P. program requires a $50 application fee and documents attesting to your prior criminal record, including arrests and summonses, and the waiver of a speedy trial mentioned above. All applicants must first perform the following tasks before being accepted into the D.R.O.P. program:
1. Successful performance of 20 community service hours
2. Successful completion of the DUI School
3. Successful completion of the M.A.D.D. Victim Impact Panel
It is important to remember that the State’s Attorney’s Office decides who gets into the program and who does not. Even if an applicant meets the standard requirements, the State’s Attorney may still use other relevant information to deny a D.R.O.P. program application.
If someone without a lawyer applies for entry into the D.R.O.P. program and is denied admission based on some factor outside the usual requirements, a DUI defense lawyer might succeed in changing the decision by bringing mitigating information to the State’s Attorney’s attention.
What Happens Once You Are Accepted Into the D.R.O.P. Program?
There are two tiers in the D.R.O.P. program. Each program participant is assigned to the tier that applies to the facts of their DUI case:
- Tier 1 — Blood Alcohol Content (BAC) of 0.12 or below. Cases whose DUI charge is based on alleged drug impairment are also assigned to this tier.
- Tier 2 — Blood Alcohol Content (BAC) between 0.12 and 0.15 or cases of Refusal of a breath test.
If you are accepted into the Pinellas County D.R.O.P. program, you will be required to accept the following sanctions:
TIER 1 SANCTIONS
- 6 months’ probation,
- 50 hours of community service, but you may not “buy out” any of hours of service (All community service performed before entry into D.R.O.P will be credited.)
- 10 days vehicle immobilization;
- No alcohol, illegal drugs, or any non-prescribed drugs
- No visiting bars, clubs, or other businesses where serving alcohol is the primary product sold for as long as you are on probation,
- Frequent unscheduled alcohol/drug testing at the program participant’s expense, and
- Payment of all applicable fines and fees.
If completed successfully, the court may approve the amendment of the DUI charge to Reckless Driving and then withhold judgment. No points will be assessed against your license. Failure to complete probation will result in a guilty finding on a Probation Violation charge and a $500 fine.
TIER 2 SANCTIONS
- 9 months’ probation
- 50 community service hours (All community service performed before entry into D.R.O.P will be credited.)
- 10 days vehicle immobilization
- No alcohol, illegal drugs, or any non-prescribed drugs
- No visiting bars, clubs, or other businesses where alcohol is the primary product sold for as long as you are on probation,
- Frequent unscheduled alcohol/drug testing at the program participant’s expense, and
- Payment of all applicable fines and fees
If completed successfully, the court will permit the DUI charge to be amended to Reckless Driving and accept a guilty plea. Failure to complete probation will result in a guilty finding on a Probation Violation charge and a $500 fine.
Expert DUI Defense Lawyers in Tampa Can Help Minimize First Offense Consequences
No matter where your DUI charge is filed, attorneys Ben Stechschulte and Amy Nell are board-certified specialists defending DUI and other crimes in the Tamps and St. Pete area. First-time DUI defendants will benefit from experienced legal representation throughout their DUI case who will advocate for the best possible outcome, including entry into the Pinellas County D.R.O.P. program if you are eligible.
Contact Stechschulte Nell, Attorneys at Law, Tampa’s expert DUI defense lawyers. Call us for a DUI case review; 813-280-1244.
