Tier 2 of Orange County Pretrial Intervention DUI Program

A DUI charge involving aggravating factors does not automatically mean a conviction is inevitable. In Orange County, Florida, the State Attorney’s Office provides the Pretrial Intervention DUI Program: Tier Two (Enhanced), creating a structured path for first-time offenders facing elevated allegations to complete diversion requirements and have their criminal charges completely dropped.

What Is the Tier Two (Enhanced) DUI Diversion Program?

The State Attorney’s Office established the Pretrial Intervention DUI Program to balance community safety with meaningful rehabilitation. While Tier One serves standard, non-aggravated offenses, Tier Two is specifically designed for first-time DUI offenders whose cases involve statutory enhancement criteria—such as an elevated breath test result or an alleged chemical test refusal—that would otherwise disqualify them from standard diversion.

Under Tier Two, prosecution is deferred while the participant fulfills court-mandated conditions. Successful completion of every program requirement results in a nolle prosequi (complete dismissal) of the DUI charges by the State Attorney’s Office.

Tier Two Eligibility Criteria

Admission into Tier Two is evaluated strictly on a case-by-case basis. To qualify, an applicant must satisfy several key threshold requirements:

• High BAC Range: The breath or blood alcohol test average result is between 0.15 and 0.22.
• Chemical Test Refusals: Cases involving an alleged refusal to submit to a lawful breath, blood, or urine test can be considered for admission.
• No Collisions or Crashes: The incident must not have involved any vehicular collision or property damage.
• Threat Assessment: The driving pattern or decision to drive must not have created an egregious, serious threat to public safety.
• Clean Alcohol Driving History: The applicant must have no prior alcohol-related driving history, regardless of whether a past charge resulted in a dismissal, withhold of adjudication, or conviction.
• No Prior Diversion: The accused must never have previously participated in any DUI pretrial intervention or diversion program.
• Prosecutorial Discretion: Notwithstanding the guidelines, final approval rests entirely within the discretion of the Supervising Assistant State Attorney, who may weigh unlisted case-specific factors.

Tier 2 Administrative Requirements, Timelines & Costs

Tier Two operates through an electronic monitoring framework administered in coordination with the State Attorney’s Office and Advent eLearning:

• Registration & ID Verification: Once the State Attorney’s Office reviews the case facts and issues an approval letter with a registration QR code, the participant must register promptly. U.S. citizens must submit a valid driver’s license, state ID, or passport. Non-U.S. citizens must provide proof of legal status (such as a visa, asylum documentation, or permanent resident card).
• Program Length & Extensions: Participants are allotted 90 days to satisfy all assigned courses, community service hours at verified non-profit organizations, and monetary obligations. Any extension request must be formally submitted prior to the expiration date; late requests are automatically denied.
• Fees & Costs: Participants must pay the statutory program fee ($100 for criminal traffic), a mandatory $25 donation to Central Florida Crimeline, educational course fees, and law enforcement investigative costs (paid directly to the arresting agency).

Critical Deadlines: Protecting Your Driver’s License

Entering a diversion program resolves the criminal court docket, but it does not automatically stop the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) from suspending your driver’s license.

An arrest for a BAC of 0.08 or higher, or an alleged chemical test refusal, triggers an automatic administrative suspension. You have only 10 calendar days from the date of arrest to file a demand for a Formal Review Hearing to contest the suspension and seek a temporary driving permit. A defense attorney can manage both tracks simultaneously—fighting the administrative suspension at the Bureau of Administrative Reviews while negotiating your admission into Tier Two with the State Attorney’s Office.

DUI Defense Representation in Orange County, FL

Navigating the admission requirements for Tier Two requires early intervention, thorough examination of the arresting agency’s standard operating procedures, and targeted advocacy before the Supervising Assistant State Attorney. If you were arrested for an enhanced DUI in Orange County, contact attorney Jocelyn Dopson-Rodriguez at Sammis Law Firm.

Our office is located at 1950 Lee Rd, Suite 208, Winter Park, FL 32789 (near the Winter Park Branch Courthouse).

We provide free case reviews to evaluate defense strategies, administrative license deadlines, and pretrial diversion eligibility.

Call our direct line at 407-598-9011.