You may have heard that there is a new DUI diversion program that has been recently announced. This new program is called D.R.O.P., which stands for the DUI Rehabilitation of Offenders Program. This is a voluntary program that is intended to provide a faster resolution to cases for first-time DUI offenders. There are many different aspects of D.R.O.P. that must be considered before applying, which this blog will explain.
What is Florida’s New DUI Diversion Program?
In order for a defendant to be eligible for D.R.O.P., there are three conditions that must be met:
- This must be the defendant’s first DUI charge
- The defendant must apply for D.R.O.P. prior to the case’s second pretrial hearing
- The defendant must pay a $50 application fee
When applications for D.R.O.P. are being considered, there are certain types of cases that are automatically excluded from consideration. These case types are when:
- B.A.C. is over .150
- The crash involves bodily injury, significant property damage, or minor children
- Defendant has pending or accompanying felony charges
- Defendant is currently on court-ordered supervision
- Defendant has prior commission(s) of a similar offense
- Defendant has participated in prior traffic-related diversion programs
- Defendant did not have a valid driver’s license at the time of the offense
- Defendant has a CDL (Commercial Driver’s License)
If the defendant’s case does not match any of the exceptions listed above, then they can be accepted into the program. Once they have been accepted, they must successfully complete three different tasks in order to complete the diversion program. These tasks are:
- 20 Community Service Hours
- DUI School
- M.A.D.D. Victim Impact Panel
After finishing these tasks, the defendant is considered to have successfully completed D.R.O.P. The process does not end there, however. Following the completion of the program, the State Attorney’s Office will agree to reduce the charge from a DUI to Reckless Driving under Florida statute 316.192(5). In accordance with the charge reduction, the State Attorney’s Office can impose either Tier One or Tier Two conditions on the defendant. The two conditions are compared below:
As of this writing, the State of Florida has placed the decision of early termination of probation at the discretion of the presiding judge. Thus, under Florida statute 948.04, a defendant can be eligible for early termination of their probation if they have completed at least half their term, completed all other conditions, and have not violated probation. If these three factors can be met, the defendant can then petition the court for early termination.
If you have been charged with a DUI, then D.R.O.P. could be a good choice for you. In order to receive up-to-date information on the various options available to you, you will need a seasoned criminal defense attorney who can provide you with expert legal advice. Call the criminal law attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at (727) 877-1335 today for a free case review.