Back On Track Program

In May 2011 the Miami State Attorney's Office unveiled a new diversion program for first-time DUI offenders. The program is called Back on Track and it helps first-time offenders avoid a Miami DUI conviction.


  • First-time DUI arrest
  • No minor children in car
  • No open containers of alcohol 
  • Only one prior Felony non-violent conviction and no more than 2 prior misdemeanor convictions
  • No At-Fault Accident related to the DUI arrest
  • DUI must occur with an active license. No suspended license at the time of DUI arrest. 
  • Breath test must be below .25
  • No reckless driving, speeding fleeing police during DUI arrest


  • Program is 6 months long if your breath test result is below .15.
  • Program is 12 months long if your breath test result is .15 or higher, or refused breath test.
  • Program Costs: $1,500 to $2,000 if breath test is under .15 or $2,200 to $3,000 if refused or breath test is .15 or higher
  • Must complete DUI school and substance abuse evaluation
  • Must complete community hours: 50 hours for breath test under .15 or 100 hours for refusal or breath test .15 or higher.
  • Must complete Victim Impact Class

Once you complete the program successfully, your Miami DUI charge will be reduced to a Reckless Driving charge, and you will receive a Withhold of Adjudication, meaning no conviction. You are then eligible to seal your DUI arrest record. Even though you may be eligible for the Back on Track program I still recommend to all my clients to analyze the evidence in their case and see if there is a better solution. Is a Motion to Suppress applicable? Can we beat the case without having to do all of these requirements? Once I have a clear understanding of your case and all possibles defenses will I then recommend a path. My goal is to save your future. Maybe Back on Track is perfect for you but maybe it's not. Let’s sit down and talk about it before moving forward. 


If you are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami.  Let’s talk about your case and what defenses it might have. We will also discuss if Back on Track is a good option for you. Often times it's better to fight than to accept this harsh program.