Am I Eligible for Back on Track with a Prior DUI?

By Jonathan Blecher on April 23, 2018

A conviction for DUI, even a misdemeanor DUI will have long-lasting consequences. In the short-term, it can lead to thousands of fines, license suspension, community service, probation, DUI School, AA classes, and more. In the long-term, it causes a driver to lose the Good Driver Discount for years.

A DUI results in a criminal record and the stigma of a criminal conviction. A simple DUI can lead to the denial of college scholarships and professional licenses – this alone can be crippling for certain professionals. If you drive a bus, a delivery truck, or a semi-truck for a living, a DUI can be devastating.

Effects of a Prior Florida DUI

If you made a mistake and were arrested for DUI, you may be wondering if you’re eligible for Miami’s Back on Track Program because you know: If you successfully complete the program, you can avoid a DUI conviction. The only issue is, this isn’t your first DUI offense. Now you’re curious, “Does a prior DUI disqualify me from the Back on Track Program?”

The Back on Track Program is only for first-time DUI offenses. If you were arrested for DUI in the past, you are not eligible for the program. “But what if I was arrested and found not guilty?” Even still, you are not eligible for the program. Same if your first DUI is decades old, or your case was dismissed. In order to qualify, this must be your first DUI arrest.

What else can disqualify me?

  • Having a breath test above 0.25%.
  • Having a felony on your record.
  • Causing a vehicle crash with property damage or injury car accident.
  • Having an open container of alcohol in your vehicle.
  • Having a child in the car at the time of the arrest.
  • Have more than five misdemeanor convictions.
  • Having completed two or more misdemeanor diversion programs.
  • Caught driving on a suspended license when arrested for DUI.
  • Having aggravating factors during the DUI arrest, such as speeding, reckless driving, fleeing from a peace officer, or resisting arrest.

Related: “FAQs About Miami’s Back on Track Program.”

If you’re facing DUI charges in Miami-Dade County, I urge you to contact my firm, even if you don’t believe you qualify for the Back on Track Program. As a former prosecutor with over 30 years’ experience, I can provide you with skilled defense representation. Contact me today to get started.

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