With the newly initiated “Back on Track” program, Miami-Dade County is providing individuals facing their first DUI conviction a second chance. The Back on Track program can help first-time DUI offenders avoid a severe DUI conviction and any accompanying penalties. However, admission into the Back on Track program is not automatic. An admission process, which includes a nationwide background check and a full review of the offender’s driving record, is used to determine an offender’s eligibility.

If you have been arrested for a DUI and are interested in the Back on Track program, contact a qualified Miami Criminal Defense attorney immediately to assist you in completing the process.

Of course, the Back on Track program is not available to every individual charged with a DUI offense or to every DUI case. Certain requirements must be met. First, the instant DUI arrest must be the individual’s first DUI arrest ever. Additionally, the individual must not have been driving on a suspended license when arrested for the DUI offense. As far as the individual’s criminal history, he or she cannot exceed one prior, nonviolent felony or two prior misdemeanor convictions, and the individual may not have completed more than one misdemeanor diversion program. Previous points on an individual’s driving record or prior reckless driving charges may also lead to the ineligibility of an individual.

In terms of the DUI incident, the individual must not have caused an accident or any injury and may not have had any minor children in the car during the time of the incident. Additionally, no open alcohol containers may have been present in the car. An individual may also be ineligible if other criteria are cited in relation to the incident such as reckless driving or speeding or if the individual’s blood alcohol content is above a .25.

Although the Back on Track program serves as the alternative to an on record DUI conviction as well as jail time, it is not lenient. It imposes heavy fines on the accused individual and mandates the completion of a substance abuse program and counseling, community service, periodic drug testing, and sometimes even the installation of an ignition interlock system on the accused’s vehicle.