FIRST TIME DUI IN HILLSBOROUGH COUNTY
The Hillsborough County State Attorney’s Office in Tampa, Florida has instituted the Reducing Impaired Driving Recidivism Program (RIDR) for a first time DUI offenders. If you have been arrested for DUI you may be eligible for RIDR however a first time DUI arrest is NOT an automatic entrance into the program.
The following content is to provide an overview of what the RIDR program entails and how the process works. This information should not be construed as legal advice in lieu of legal advice or in any way a substitute for legal advice.
If you have been arrested for DUI it is prudent to consult with an attorney regarding your case for a further understanding of the implications that may impact your criminal record and driving record.
Who Is Eligible for RIDR?
The State Attorney’s Office reserves the sole discretion regarding if the driver is eligible for the program after reviewing the criminal record and the facts of the case.
What factors are considered by the State Attorney’s Office in determining if the driver is eligible? The charge for DUI must be a misdemeanor
No DUI related crash
No minor(s) in the vehicle
No breath alcohol content above .20
No breath alcohol test refusal
No prior DUI convictions
No prior DUI reduced to Reckless Driving
No prior Driving While License suspended or Revoked involving serious bodily injury
No vehicular homicide
Prior DUI diversion program or more than one as an adult
No diversion program within the last 5 years
No felony convictions or a withhold of adjudication as part of a felony sentence
No pending cases involving the following: Florida driver license suspensions, DUI, Driving While License Suspended or Revoked with serious bodily injury or death, vehicular homicide, leaving the scene of an accident involving injury or death, or current enrollment of the Pre Trial Intervention program or currently serving probation.
If the driver is eligible and after successful completion of the Pre-Plea sanctions the Plea Offer will result in a withhold of adjudication (no points on the driving record) for Reckless Driving.
The sanctions are categorized according to three different levels which is assigned by the State Attorney’s Office.
Pre-Plea Sanctions:
Level 1 - Breath alcohol content at or below .15. Pre-Plea sanctions require; remain crime-free, complete DUI school and begin any recommended treatment, attend MADD victim impact panel, complete 10 hours of community service work and provide proof of installation of ignition interlock alcohol monitoring device or continuous alcohol monitor device.
Level 2- Breath alcohol content above .15 or no breath sample. Pre-Plea sanctions require; remain crime-free, complete DUI school and begin any recommended treatment, attend MADD victim impact panel, complete 10 hours of community service work and provide proof of installation of ignition interlock alcohol monitoring device or continuous alcohol monitor device.
Level 3- Drug-Related DUI’s. Pre-Plea sanctions require; remain crime-free, complete DUI school and begin any recommended treatment, attend MADD victim impact panel, complete 10 hours of community service work, and wear a Pharm Check Drugs Patch for 3 months and provide results to the State Attorney’s Office.
Plea-Offer Sanctions:
The Plea Offer sanctions are as follows; 12 months probation, court costs and costs of probation, 10-day vehicle impound, no possession or consumption of alcohol or illegal drugs or non-prescribed drugs, DUI school and any recommended treatment.
Level 1 - Breath alcohol content at or below .15. In addition to the Pre-Offer sanctions, 50 hours of community service work and 3 months of an ignition interlock or 3 months of continuous alcohol monitor.
Level 2 - Breath alcohol content above .15 or no breath sample. In addition to the Pre-Offer sanctions, 75 hours of community service work, and 6 months of an ignition interlock or 6 months of continuous alcohol monitor.
Level 3- Drug-Related DUI’s. In addition to the Pre-Offer sanctions, 50 hours of community service work and wear a Pharm Check Drugs Patch for 3 months and provide results to the Hillsborough County Probation Office.
What is the process for the RIDR? At the arraignment, the State Attorney’s Office will determine if eligible and what level sanction the offender will be assigned to. The offender will be required to waive speedy trial and the case will be set out for a period of 60 days for a disposition date.
After arraignment and before the disposition date the offender will need to provide proof of the Pre-Plea sanctions to the State Attorney’s Office.
What happens at the disposition date? After the offender has completed the Pre-Plea sanctions they may accept the Plea-Offer, enter a Plea, and be sentenced to the RIDR program.
Should you wish to discuss your case you may contact my office for a free consultation at 727-330-7800.