Am I eligible for the DUI Pretrial Diversion Program?

DUI Pretrial Diversion is offered in Orange and Osceola counties. For certain individuals, pretrial diversion may be an option depending on the facts and circumstances of your case as well as your criminal history. Pretrial diversion is a program run by the Office of the State Attorney, which allows an eligible offender to enter the program. If he/she successfully complete the program, the charges will be dropped.

If you are a candidate for the pretrial diversion program, you should contact an attorney to guide you through this process and help determine whether the pretrial diversion program should be accepted or whether to fight the case. Pretrial diversion is not a free ride and you should understand what the program entails before you choose to enroll.

For DUI pretrial diversion, there are currently two tiers:

“Tier One” Diversion is generally a 12 month program, which requires you to complete the following:
• DUI Counter Attack School level I (a 12 hour course) and the Victim Awareness Program.
• Vehicle impounded or immobilized for a period of 10 days.
• Complete 50 hours of community service
• Submit to a drug and alcohol evaluation, which may result in a treatment program consisting of up to 22 weeks of counseling and random drug and alcohol testing at your expense.
• Contribution to Mother’s Against Drunk Driving (MADD) for $500
• Cost of prosecution
• Cost of law enforcement investigation
• Court costs.

Upon successfully completing the program without any violations, the Office of the State Attorney will drop your charges.

“Tier Two” Diversion is generally a 15 month program, which requires you to complete the following:
• DUI Counter Attack School level II (a 21 hour course) and the Victim Awareness Program.
• An ignition interlock device be placed on your vehicle for six months.
• Vehicle be immobilized or impounded for a period of 10 days.
• Complete 50-75 hours of community service
• Submit to a drug and alcohol evaluation, which may result in a treatment program consisting of up to 22 weeks of counseling and random drug and alcohol testing at your expense.
• Contribution to Mother’s Against Drunk Driving (MADD) for $1000, cost of prosecution, cost of law
• Cost of prosecution
• Cost of law enforcement investigation
• Court costs.

Upon successfully completing the program without any violations, the Office of the State Attorney will drop your charges.

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