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Florida DUI Diversion Program Lawyer

Ben Stechschulte
DUI diversion program lawyer Florida

Program for 1st Time DUI Offenders in Pinellas & Pasco Counties, FL

If you’ve been arrested for Driving Under the Influence (DUI) in Pinellas or Pasco County, you may have a valuable option to avoid a DUI conviction on your record. The DUI Rehabilitation of Offenders Program (DROP) gives eligible first-time offenders the opportunity to resolve their case with a reduced charge and avoid the lifelong consequences of a DUI conviction.

At StechLaw Criminal Defense, we’re here to help clients understand the DROP program and determine whether it’s the right path for their case. Call today for a free DUI case review.

About The DROP Program

The DROP program became available to drivers arrested for DUI on or after June 1, 2021. It is a pre-plea diversion program used in DUI cases within Florida’s Sixth Judicial Circuit, which serves both Pinellas County and Pasco County.

The program provides a quick resolution for eligible first-time DUI offenses, giving defendants the chance to reduce their charge and get their life back on track. For drivers who successfully complete all program requirements, the DUI charge will not be prosecuted. Instead, with court approval, the criminal charge will be reduced to reckless driving.

DROP is structured into two tiers based on the defendant’s blood alcohol content (BAC):

  • Tier 1: BAC of 0.12 or below. Cases where the DUI is based on alleged drug impairment are also assigned to this tier. 
  • Tier 2: BAC between 0.12 and 0.15, or cases involving refusal to submit a breath test. Tier 2 requires nine months of probation and results in a reckless driving conviction.

It’s important to note that unlike Hillsborough County’s RIDR program (which also reduces a DUI to reckless driving) completing DROP can result in the charges being dropped entirely, or reduced to a less severe offense, depending on the case. Criminal Defense Attorney Tampa

How To Qualify For DROP

You must apply for the DROP program at or before your case’s second pretrial hearing. There is a nonrefundable $50 application fee. 

To be considered, applicants must submit:

  1. DROP Application
  2. Statement of Prior Record
  3. Waiver of Speedy Trial (represented defendants) or Written Plea of Not Guilty and Waiver of Speedy Trial (unrepresented defendants)
  4. A $50 money order or cashier’s check made payable to the State of Florida

Eligibility for DROP is restricted to first-time misdemeanor DUI defendants. The following cases are not eligible:

  • Defendants with a breath or blood sample over 0.15 BAC
  • Crashes involving bodily injury or significant property damage
  • Cases involving minor children in the defendant’s vehicle
  • Defendants with accompanying or pending felony charges, or on any form of supervision
  • Defendants with prior similar offenses or prior traffic-related diversion programs
  • Defendants who did not have a valid driver’s license at the time of the offense, or who hold a CDL

Even if you meet all the written criteria, eligibility is determined at the sole discretion of the State Attorney and is evaluated on an individual, fact-specific basis. This is why having an experienced DUI attorney advocate for your admission into the program can make a real difference.

What The Program Requires

Participants are typically required to complete: a state-approved DUI school, a substance abuse evaluation and any recommended counseling or treatment, and additional conditions set by the court and the State Attorney’s Office.

Successful completion of the M.A.D.D. Victim Impact Panel is also a requirement of your DROP contract. 

Additional conditions include:

  • 50 hours of community service (hours completed before program entry will be credited)
  • No visiting bars, clubs, or other businesses where serving alcohol is the primary product sold, for the duration of probation
  • Frequent unscheduled alcohol and drug testing at the participant’s expense
  • Payment of all applicable fines and fees

Failure to complete any condition can result in removal from the program and reinstatement of the original DUI charge.

Is DROP Right For You?

While DROP provides a predetermined outcome and avoids the time and expense of trial, it is not for everyone. You may still wish to contest a DUI charge that is not based on sufficient evidence of impairment, or where there are legal issues regarding the traffic stop and subsequent investigation.

There are also important considerations for your driving record. Within 10 days of your arrest, you need a criminal defense attorney to help you demand a formal review hearing to contest the administrative suspension of your driver’s license. Seeking immediate reinstatement of hardship driving privileges may affect your driving record independently of the DROP program outcome. An experienced Florida DUI diversion program lawyer can help you navigate both processes simultaneously.

Our team at StechLaw Criminal Defense understands how the Sixth Judicial Circuit evaluates these cases from the inside. We represent clients in Pinellas and Pasco Counties and will work to identify the best path forward for your specific situation.

Florida Attorneys For The DROP Program

This program can be a powerful tool for first-time DUI offenders in Pinellas and Pasco Counties—but only if you enter with the right guidance. Don’t waive your legal rights until you’ve spoken with an attorney. Call StechLaw Criminal Defense at 813-280-1244 for a free case review, available 24/7.

Serving Clients Throughout The Tampa Bay Area

While our law firm is based in South Tampa, StechLaw Criminal Defense proudly represents clients across the greater Tampa Bay region and beyond. In addition to Hillsborough County, we regularly handle cases in Pinellas County (including St. Petersburg, Clearwater, Dunedin, Tarpon Springs, and Safety Harbor), Pasco County (including New Port Richey, Wesley Chapel, Zephyrhills, and Dade City), and surrounding communities such as Bradenton, Sarasota, Lakeland, Plant City, and Brandon. If you’ve been arrested for a DUI or other criminal offense anywhere in the region, call us and we’ll come to you.

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