FAQs About Miami’s Back on Track Program

By Jonathan Blecher on October 27, 2016

Were you, or someone you care about recently arrested for driving under the influence in Miami-Dade County? If so, you may have heard about the Back on Track DUI program, but you may not know much if anything about it.

In the face of DUI charges, the Back on Track program can be an important and valuable way to avoid the stigma of a DUI conviction, which would haunt you for years to come. To help you better understand the program, please read my list of frequently asked questions below and if you need further assistance, feel free to contact me directly.

1. Can I be accepted to the Back on Track program if I have a prior DUI on my record?

No, you cannot. Only first-time DUI offenders are eligible for the program.

2. What if I caused a DUI accident?

In order to qualify for the program, you cannot have caused an accident, with limited exceptions (see #6 below).

3. My passenger was hurt. Will that pose a problem?

Unfortunately, it will be a problem. You cannot be accepted to the program if anyone was injured as a result of the drunken driving incident. This applies to other drivers, pedestrians and bicyclists, and even your own passengers.

4. Will having a child passenger exclude me from the program?

Yes, if you had a child passenger in your vehicle at the time of the DUI arrest, you will not be eligible for the Back on Track program.

5. Will an open bottle of alcohol disqualify me?

If law enforcement found an open bottle of alcohol in your vehicle at the time of the DUI stop/arrest, you may not be eligible for the program.

6. What if I was in a single-car accident?

If you were in a single-car accident, no other vehicles were involved, and you did not cause any significant property damage, you may still qualify for the Back on Track program. For example, if you overcorrected while under the influence and then your car went flying down a hill, but only your vehicle was damaged (no other property), you may still be eligible.

7. Who administers the Back on Track program?

Miami-Dade’s Back on Track program is administered by two private not-for-profit companies, The Advocate Program, and Court Options. However, the State Attorney’s Office established the eligibility requirements.

8. What are the benefits of completing the program?

Perhaps the greatest benefit of completing the Back on Track program is that the DUI defendant avoids a DUI conviction on their criminal record – a huge bonus!

9. What disqualifies someone from the program?

There are several factors that can disqualify someone from the Back on Track program, namely a prior DUI conviction, having a blood alcohol level (BAL) of 0.25% or higher, and driving on a suspended license while arrested for DUI among others. To learn more about the applicable exclusions, don’t hesitate to contact my DUI defense firm.

Arrested for your first DUI offense in Miami? Contact my firm at 305-321-3237 to see if you qualify for DUI diversion. All of my initial consultations are free, so call today!