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Brevard County DUI Pretrial Diversion Program 

Many people who are arrested for driving under the influence (DUI) in the Satellite Beach area can feel as though they have already been convicted before they even make their first court appearance. However, Brevard County unlike their neighboring county of Brevard utilizes a pretrial diversion program (PTD) that defers prosecution in these cases and allows alleged offenders to have their cases dismissed upon successful completion of the program.

It is important to understand that the only way an alleged offender can be referred to PTD is by the Office of the State Attorney. However, having qualified legal representation can give you the best chance of having a judge refer you to PTD and getting the State Attorney to approve you as a candidate.

Palm Bay DUI PTD Program Lawyer

If you have been arrested for drunk driving in Brevard County, it is critical that you speak to an experienced attorney right away.   James Coulter is a former Assistant State Attorney who have both handled scores of DUI cases, and they both know how to present the strongest case possible for PTD referral.

The Law Offices of James B. Coulter represents clients all over Palm Shores as well as Titus Ville, Rockledge, Palm Shores, Melbourne, West Melbourne, and surrounding communities in Central Florida. Call (321) 586-9944 today to have our firm review your case during a free, confidential consultation.

Overview of Brevard County DUI PTD Program

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Eligibility for Brevard County DUI PTD Program

In order to be eligible for the PTD program, the alleged offender needs to satisfy each of the following criteria:

  • He or she has been charged with a misdemeanor DUI
  • He or she has no more than one prior misdemeanor sentence for an unrelated offense
  • He or she has no prior alcohol-related driving offenses, regardless of disposition
  • He or she has no prior deferred prosecution or diversion programs
  • He or she has no prior felony sentences
  • He or she has no prior juvenile programs
  • He or she has no prior sentence, conviction or dismissal for a similar charge
  • He or she is a legal resident of the United States
  • He or she has been approved by the Office of the State Attorney

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Requirements of Brevard County DUI PTD Program

DUI cases are broken into two tiers for PTD programs. The tier classification is determined by the average of the alleged offender’s blood alcohol content (BAC) in breath or blood test results. Tier I applies to alleged offenders whose BAC levels were less than 0.15. Tier II is for alleged offenders whose BAC levels were 0.15 or higher or refused any testing.

DUI Tier I cases last 12 months, while Tier II cases are 15 months in length. A Tier I DUI PTD program costs $600, plus a $500 monetary contribution to Central Florida Mothers Against Drunk Driving (MADD) or Victim Service Center. The Tier II program costs $750 plus a $1,000 contribution monetary contribution to Central Florida MADD or Victim Service Center. There is a 10-day impoundment/immobilization of the alleged offender’s vehicle for the Tier I program, while Tier II requires installation of an ignition interlock device for six months.

Some of the other conditions of the DUI PTD program that are universal for both tiers are as follows:

  • $50 State Attorney fee
  • Minimum 50 hours of alternative community service
  • DUI Level I School, and Victim Impact Class
  • Law enforcement investigative costs
  • Random observed urine screens
  • Victim Impact Class through MADD or Florida Safety Council
  • Obtain a substance abuse evaluation and completion of any recommended treatment

Any alleged offender who is accepted into the DUI PTD is expected to appear for all court dates and complete all requirements. Failure to do so can result in an alleged offender being terminated from the program and ordered to return to court. An alleged offender only gets one opportunity to complete the PTD program, and a person does not get the opportunity to participate in the program again if he or she fails to meet the conditions during his or her first attempt.

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Tourist and Visitor Participation in Brevard County DUI PTD Program

Any resident of another state should not assume that the criminal record of his or her drunk driving arrest stays in Florida. Under the terms of the Non-Resident Violator Compact (NRVC), a person who fails to respond to DUI charges risks having Florida notify his or her home state of the offense and possibly facing a suspension of driving privileges in addition to other complications.

The good news is that people who were arrested for drunk driving while visiting the Melbourne area may also be eligible for Brevard County’s DUI PTD program. Participation can require that the alleged out-of-state offender report in person to sign his or her contract and come back one additional time in the fourth month of his or her supervision, but the conditions of the PTD will generally be completed where the alleged offender lives and his or her contact will be handled either through the phone, postal mail, and/or email.

A skilled attorney can help out-of-state alleged offenders achieve the most favorable resolution to their DUI cases with the fewest possible appearances.

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Find A DUI PTD Program Lawyer in Melbourne

Were you arrested for DUI in Brevard County? Whether you live in the greater Melbourne area, elsewhere in Florida, or some other state or country, The Law Offices of James B. Coulter can provide aggressive defense against these criminal charges.

The Law Offices of James B. Coulter has an extensive history handling DUI cases on both sides of the aisle. They can provide a thorough evaluation of your case and begin developing a formidable defense when you call (321) 586-9944 to set up a free consultation.

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Our Office Location
Law Offices of James B. Coulter
1402 Highway A1A, Ste A Satellite Beach , FL 32937
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Notable Achievements
2013 Avvo Client's Choice in Car Accident Attorneys
The National Trial Lawyers Top 100 Trial Lawyers
American Institute of Criminal Law Attorneys 10 Best 2015

American Institute of Criminal Law Attorneys 10 Best 2015
The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
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