DUI Pretrial Diversion Program in Orange County
If you’ve been charged with a DUI in Orange County, you may be eligible for the Orange County DUI Pretrial Diversion (PTD) Program.
The DUI Pretrial Diversion Program is a deferred prosecution program offered by the Office of the State Attorney and supervised by Orange County Community Corrections. The program results in the guaranteed dismissal of your DUI charge as long as you successfully complete all of the program requirements. Importantly, the DUI Pretrial Diversion Program is not offered to everyone, and in many cases, it takes the work of an experienced criminal defense attorney to get you into the program.
Who May Be Eligible for the Orange County DUI Pretrial Diversion Program?
The Orange County DUI Pretrial Diversion Program is only available for misdemeanor DUI charges, and the program requires that you legally reside in the United States. However, the eligibility requirements do not stop there. In fact, there’s a long list of additional requirements you must meet in order to be eligible to participate in the program. Section 948.08 of the Florida Statutes establishes broad requirements for pretrial intervention programs, but each individual State Attorney has the power to create specific program requirements within his or her jurisdiction.
On top of the requirement that your DUI charge is a misdemeanor, you must also not have any prior sentence, conviction, or dismissal for a similar charge on your record in order to qualify for the DUI Pretrial Diversion Program in Orange County.
The Orange County DUI Pretrial Diversion Program also mandates that you cannot have:
- More than one prior misdemeanor sentence for a dissimilar offense
- Any prior sentences for any felony charge
- and any prior alcohol-related driving offenses, regardless of the outcome.
This means that even if you had a prior DUI charge that was dismissed or a prior alcohol-related driving offense that was dismissed, you may not be eligible to participate in the program.
Prior juvenile charges can affect your eligibility to participate in the program as well. The Orange County DUI Pretrial Diversion Program requires that you have no prior juvenile programs on your record. If you have participated in any deferred prosecution program as a juvenile, you may not be eligible for the Orange County DUI Pretrial Diversion Program as an adult.
The last requirement for eligibility into the Orange County DUI Pretrial Diversion Program is often the biggest hurdle — approval from the State Attorney’s Office. The State Attorney’s Office ultimately has the discretion to decide who can participate in the program. Even if you meet all of the other eligibility requirements, if the State Attorney’s Office does not approve your individual case, you will not be eligible to participate in the program. This is why hiring a criminal defense attorney can make a world of difference.
An experienced criminal defense attorney who has a good working relationship with the State Attorney’s Office can highlight the legal strengths and weaknesses of your case, and negotiate with the State Attorney’s Office in order to maximize your chances of getting into the program.
How Does This Program Work?
If your case is referred to the Orange County DUI Pretrial Diversion Program, the State Attorney’s Office will forward your information to the Pretrial Diversion Unit of the Orange County Community Corrections Department.
The Orange County Community Corrections Division will then contact you directly to schedule an initial intake appointment. At the intake appointment, you will meet with a Pretrial Diversion Officer and go over the terms of your Pretrial Diversion Contract. This contract is a legal agreement with the State of Florida which provides that your case will be dismissed if you successfully complete the program requirements. Standard requirements include completing community service hours, taking classes, and paying fines; however, the specific requirements may vary from person to person depending on your individual case.
What Happens Next?
Once you have successfully completed all of the Orange County DUI Pretrial Diversion Program requirements, your Pretrial Diversion Officer will notify the State Attorney’s Office of your successful completion. In return, the State Attorney’s Office will drop your DUI charge by filing a Nolle Prosequi with the Court. After your DUI charge is dropped, you may be eligible to seal or expunge your criminal record, allowing you to legally deny that the DUI arrest ever happened.
Skilled DUI Defense Attorneys To Assist Your Case
If you’ve been charged with a DUI, contact The Umansky Law Firm to find out if you may be eligible for the Orange County DUI Pretrial Diversion Program. The Orlando criminal defense attorneys at The Umansky Law Firm consist of former state and local prosecutors with more than 100 years of combined experience. Contact The Umansky Law Firm today for a free case evaluation.