DUI Diversion Attorney

Back on Track Program:

This program is unique to Miami-Dade County and provides some first-time DUI offenders with a second chance, however, eligibility is not automatic and the State Attorney’s Office does not offer the program to all first time offenders.  Here are some of the factors that the State Attorney’s Office considers when deciding whether to offer the program:

  • The program does not have an automatic acceptance .
  • The program will have absolutely no effect on the administrative driver’s license suspensions imposed under Florida Statutes 322.2615 or 322.2616. This means even if you opt for the “Back on Track Program” your license will still be suspended if you do not file your appeal within 10 days of your DUI Arrest. Remember, the only way to fight the automatic suspension of your license is to file a timely appeal.
  • Completion of the applicable program does not result in the dismissal of the DUI charges. Upon successful completion of the program, the DUI charge will be amended to a reckless driving with a withholding of adjudication. That would mean that you would receive no points and would be eligible to have your arrest and criminal records sealed pursuant to chapter 943.
  • THE STATE and only THE STATE determines whether or not YOU are a candidate for the “Back on Track Program.”

If you are eligible there are 2 tiers of the Miami Back on Track Program as indicated below:

Tier Tier One Tier Two
Breath/Blood Limit Breath/Blood Average below .15 Breath/Blood Average .15 or higherORRefusal of breath, blood or urine test.
Program Length 6-9 Months 12 Months
Vehicle Action 10 day vehicle impound 3 month ignition interlock
Victim Services/Enforcement Fund Donation $300.00 $500.00
DUI School Level 1 DUI School Level 2 DUI School
Substance Abuse Evaluation Required through the DUI School Required through the DUI School
Cost of Prosecution $50.00 $50.00
Cost of Supervision $500.00 $650.00
Cost Recovery to Law Enforcement As requested by law enforcement As requested by law enforcement
Community Service 40 hours 60 hours
Victim Impact Class MADD VIP Class MADD VIP Class




If you or someone you know was arrested or charged with DUI and you want to know whether the case qualifies for the Back on Track Program, contact the Offices of Benjamin & Melmer for a free consultation.  Let us use our experience and expertise as former prosecutors to help ensure your rights are protected.