Orange County DUI Pretrial Diversion Information

DUI Pretrial Diversion (DUI PTD) is a deferred prosecution program for selected misdemeanor DUI offenders, offered by the Office of the State Attorney and supervised by Orange County Community Corrections. Successful completion of the DUI Pretrial Diversion program will result in the dismissal of the case by the Office of the State Attorney. This is an excellent opportunity to avoid criminal prosecution and a DUI conviction. Only Orange County and Osceola County (the ninth judicial circuit) offer a local DUI diversion program.

Tier 1 and Tier 2 for Orange County DUI Diversion

There are two tiers of DUI diversion. Tier One is for cases with a breath test result of .15 or below. Tier Two is for cases with a breath refusal or a breath test result of .15-.22. Cases with a breath test reading above .22 are ineligible for DUI diversion. Tier Two DUI Diversion is a longer program with additional program requirements. If a defendant successfully completes either DUI Diversion program, the State Attorney’s Office will drop all DUI charges. Additionally, once DUI charges are dismissed, the defendant is likely eligible to have his or her record permanently expunged.

Are You Eligible for DUI Pretrial Diversion?

DUI diversion eligibility is very fact specific as not all cases are referred to DUI diversion and not all eligible DUI diversion cases are ultimately approved for diversion. The presence of any aggravating factor listed below, relating to the facts of your case, will make your case ineligible for DUI Pretrial diversion referral:

• Any property damage, even to your own vehicle
• Personal Injury
• A breath test result above .220
• A minor in the vehicle
• Running a red light
• Driving the wrong way on a one-way street

Any one of the following factors, relating to your prior record, will also cause your case to be ineligible for DUI Pretrial diversion consideration:

• Any prior alcohol-related driving incident
• More than one prior misdemeanor conviction
• Any felony conviction
• Any prior diversion participation
• Too many law enforcement contacts (incidents not resulting in a conviction)

If none of the above 11 factors apply to you or your case, your case may be eligible to be referred for DUI diversion consideration. Call our DUI law firm today to discuss your options. Bryce Fetter can defend you against DUI charges and help you become eligible for Pretrial Diversion. Other eligibilty requirements can be found here.

What are the Requirements of DUI Pretrial Diversion

DUI diversion is either a 12 month (Tier One) or 15 month (Tier Two) program. All participants will be required to complete the following requirements:

• DUI school plus any follow-up counseling
• The two-hour victim awareness program
• 50 hours of community service
• Random drug testing
• Monthly costs of supervision, costs of prosecution & costs of investigation
• Monetary penalty ($500 for Tier One and $1,000 for Tier Two)
• Vehicle penalty (immobilization for Tier One and Interlock Device for Tier Two)

Click here for more DUI pretrial diversion information.

Click here for SEMINOLE COUNTY DUI pretrial diversion information

Orange County DUI Pretrial Diversion Lawyer

If you are facing a first-time drunk driving charge, you may be eligible for the Orange County or Osceola County DUI pretrial diversion program. Contact me for a free DUI consultation to discuss your options. In addition to keeping extended business hours, my office is open every Saturday. Call 407-740-7275 to speak directly with me.