Avoid A Conviction For A First-Time DUI With The Miami-Dade “Back On Track Program”
Have you been arrested for driving under the influence (DUI)? If this is your first offense, it is possible that it was all a big mistake. You’ve learned your lesson and feel that you deserve a second chance instead of a harsh DUI conviction. Fortunately, Miami-Dade County has recently initiated a new “Back on Track Program” for eligible first-time DUI offenders.
Anyone who meets the criteria and is not a repeat DUI offender may be able to go through the program instead of being convicted and suffering the consequent penalties and criminal record. The program is strict, as are its requirements for entry, and the duration before successful completion can be anywhere from six months to one year.
Eligibility For The Back On Track Program
Several criteria as spelled out below must be met for someone to be eligible to go through the “Back on Track” diversion program instead of facing conviction or trial litigation.
- Most importantly, this must be the defendant’s first DUI arrest in his or her lifetime.
- They cannot have been responsible for causing an accident or injuries.
- They aren’t eligible if minors were in the car when they were arrested for driving drunk.
- Law enforcement agents must not have found open alcohol containers in the vehicle.
- If the individual has a criminal record, it cannot exceed one felony without a violence factor or two convictions for misdemeanor crimes.
If a defendant has already completed a misdemeanor diversion program, this should have happened only once, and they cannot have been driving on a suspended license at the time of their DUI arrest.
Sometimes a client will be ineligible as a result of the driving pattern alleged during the DUI arrest (such as reckless driving or a high rate of speed). A full analysis of the defendant’s entire driving record will be presented in court. If the defendant has too many previous points on his or her driving record or previous reckless driving cases, they might be ineligible. If the defendant’s breathalyzer results are higher than .25, they will not be eligible for the program. The government will perform a nationwide background check on every defendant before deciding whether or not to offer the program.
Getting Into The Back On Track Program
As a result of limiting our practice of DUI to Miami-Dade County, at Beckham Solis, we are thoroughly familiar with the Back on Track program. Please see the video section of our website to see local media interviewing Justin Beckham in court the first day the government unveiled the “Back on Track” program. Keep in mind that the program does have its costs, risks and pitfalls.
The program involves heavy fines ($1,500 – $2,500 on average), completion of a substance abuse program and counseling, community service, drug testing, possible installations of an ignition interlock device in your vehicle, and more. A Miami back-on-track attorney from our firm can help you make the most beneficial decision for your case. Choosing the program could help you avoid a conviction, jail time and a criminal record.
Anyone can claim to be an “expert” regarding the “Back on Track” program, but the real skill is qualifying people for the program who do not originally qualify. See here for a list of people who did not qualify for the program, OR people who the government kicked out of the program, but after hiring our firm, we were able to enroll the defendant with successful completion.
Consult A DUI Attorney In Miami
Beckham Solis, Attorneys at Law, has deep roots in the local community. We only handle cases in Miami-Dade, and our offices are strategically located five minutes from the courthouse. We have helped countless clients fight their DUI charges. As trial attorneys, we have extensive experience in the courtroom and are thoroughly familiar with the local courts, judges, and prosecutors. Your best interests are our main concern, and we will go the extra mile to ensure that your charges are dropped, your case dismissed, or that your charges are at least reduced.
Call now at 305-564-4329 or send us a message online to set up a consultation with a Miami DUI lawyer. The sooner you contact us, the better.
Back On Track Success Stories
Case: 3525-XCK
Officer observed defendant accelerate rapidly then stop improperly ½ to ¾ of the way over solid stop bar at a solid red light. Officer approached defendant and smelled an odor of an alcoholic beverage on her breath. Defendant admitted to having three beers earlier that evening. Officer asked defendant to perform roadside exercises and defendant did not perform to standards. Defendant was arrested and blew three times over the legal limit. Defendant was under 21 years of age. Defendant was NOT eligible for Back on Track program.
Beckham Solis, Attorneys at Law, had defendant ADMITTED to Back on Track program.
Case: 6275-XDX
Officer stopped defendant for running a red light. Upon contact with defendant officer observed defendant to have an odor of an unknown alcoholic beverage coming from his breath, bloodshot watery eyes, and slurred speech. Defendant exited vehicle and had difficulties standing straight. Officer asked defendant to perform standardized field sobriety exercises and defendant did not perform to standards. Defendant was put in handcuffs and made it difficult for officer to put him in the patrol vehicle. Defendant was cursing at present officers. Once in patrol vehicle defendant spit and kicked the car door. An open container of beer was found inside defendant’s vehicle. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 6314-XEQ
Officer stopped defendant for failing to slow, yield, or stop at a flashing red light. Officer approached defendant and noted a strong odor of an alcoholic beverage emitting from his breath. Defendant had bloodshot eyes and slurred speech. Officer asked defendant to perform roadside exercises and defendant did not perform to standards. Defendant was arrested. Defendant was under 21 years old. Sister was passenger in vehicle and was arrested for battery on an officer. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: A089WBP
Officer observed defendant weaving in and out of traffic at a rapid pace cutting off other vehicles. Defendant was also unable to maintain a single lane and stopped abruptly on the expressway in a lane of traffic. Officer pulled over defendant was and noticed defendant to have rapid slurred speech, flushed face, and bloodshot watery eyes. Officer offered defendant roadside exercises and defendant stated he had a few beers earlier at his girlfriend’s house. Defendant agreed to perform roadsides and did not perform to standards. Defendant was arrested. Defendant was also charged with Reckless Driving. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 3138-FZD
Officer saw defendant swerve out of lane and nearly side swipe another vehicle. Defendant continuously failed to maintain a single lane. Officer pulled over defendant and observed severe signs and symptoms of impairment. DUI officer arrived and asked defendant if he had anything to drink earlier. Defendant admitted to having a couple drinks. DUI officer asked defendant to perform roadsides and defendant did not perform to standards. Defendant was arrested and blew under the legal limit. Defendant had a previous reckless driving case. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 6157-XEQ
Officer observed defendant driving vehicle without headlights on. Officer stopped defendant and smelled a strong odor of an alcoholic beverage emitting from defendant’s breath. Defendant had bloodshot watery eyes and slurred speech. Roadside exercises were conducted by DUI officer and defendant did not perform to standards. Defendant refused to blow and was under 21 years of age. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 4629-XEV
Officer stopped defendant for making a U-turn at a steady red light. Officer made contact with defendant and noticed an odor of alcoholic beverage coming from his breath. Defendant stated he had made a mistake in running the red light and apologized. Defendant admitted to drinking two beers. Officer noted defendant had bloodshot eyes and a flushed face. Officer asked defendant to perform roadside exercised and defendant refused twice. Officer informed defendant that by signing his Florida Driver’s License he had already consented to the exam. Defendant then agreed to the exercises, did not perform to standards and was arrested. Defendant refused to provide a breath sample. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 1392-XEU
Officer observed defendant nearly strike center median after driving off the road. Defendant continued driving and was unable to maintain a single lane. Officer stopped defendant and smelled a strong odor of an unknown alcoholic beverage emitting from her breath even though defendant was chewing gum. Defendant spoke with slurred speech and appeared to be disoriented. Defendant was unsteady on her feet. Field sobriety exercises were administered and defendant did not perform to standards. Defendant was arrested.
Defendant entered the Back on Track Program but was rejected from the program after she was again arrested. Beckham Solis REENROLLED her into the program.
Case: 9218-XCG
Officer stopped defendant for travelling at a rate of 48 MPH in a 30 MPH zone. Officer approached defendant’s vehicle and detected an odor of marijuana. Officer observed defendant to have a flushed face, bloodshot and watery eyes, and dilated pupils. Defendant’s speech was slow and slurred. Defendant admitted to having one drink. Officer asked defendant if he had used any other drugs and defendant admitted to using marijuana that morning. Defendant performed roadside exercises and was determined to be impaired. Defendant was arrested. Upon arrested 2.5 prescription pills were found on his person. Marijuana residue was found in the vehicle. Defendant blew a .041 and provided a blood sample. Defendant admitted to not having a prescription for the pills found on his person. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 5985-XEQ
Officer stopped defendant for failing to slow or stop at a blinking red light and nearly hitting a marked police car. Office approached defendant’s vehicle and noticed a strong odor of an alcoholic beverage coming from vehicle. Defendant had bloodshot watery eyes and slow speech. Officer issued field sobriety test and defendant did not perform to standards. Defendant admitting to having a few drinks with his parents. Defendant was arrested. Defendant was under the age of 21 and had a previous reckless driving charge. Defendant was NOT eligible for Back on Track Program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 5706-XEM
Officer observed defendant’s right headlight not working and estimated defendant to be driving at 58 MPH in a 40 MPH zone. Officer stopped defendant and observed defendant to have flushed face, bloodshot watery eyes, slurred speech, and a strong odor of an alcoholic beverage coming from her breath. Defendant admitted to drinking earlier that evening. Defendant exited her vehicle and attempted a field sobriety test. Defendant was determined to be impaired and was arrested. Defendant blew a .143. Defendant had a previous reckless driving case. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 6499-XEQ
Officer stopped defendant for speeding. Upon contact officer noted defendant had red bloodshot watery eyes, slurred speech, and an odor an alcoholic beverage on his breath. Officer asked defendant to perform roadside exercises. Defendant was determined to be impaired and arrested. Defendant blew a .149. Defendant had a previous reckless driving case. Defendant was NOT eligible for Back on Track program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 9968-XEQ
At 2:43 am, officer observed defendant speeding at a high rate of 87 mph in 60 mph zone and swerving in and out of lanes. Once the officer activated his emergency lights defendant stopped in the middle of an intersection. The officer approached the vehicle and smelled a distinct strong odor of an alcoholic beverage emitting from his breath. Officer observed defendant with blood shot eyes, flushed face and slow/slurred speech. Defendant exited vehicle and was uneasy on his feet. Defendant refused to submit breath sample. Officer issued a sobriety field test and defendant did not perform to standards. Defendant was arrested for DUI. Defendant had a previous case for driving with an open container. Defendant was NOT eligible for the Back on Track Program.
Beckham Solis had defendant ADMITTED to Back on Track program.
Case: 4490-XDY
At 1:35 am, officer witnessed defendant traveling at a high rate of 70 mph for about two miles. Officer observed defendant driving recklessly then signaled his emergency lights to conduct a traffic stop. Officer approached vehicle and noticed defendant had a flushed face, red glossy eyes, and slurred speech. Defendant consented to perform sobriety filed tests but did not meet within the standards. Defendant blew a 0.19. Defendant had a previous reckless driving case. Defendant was arrested for DUI. Defendant was NOT eligible for Back on Track Program.
Beckham Solis had defendant ADMITTED to Back on Track program.