Q&A: RIDR Program in Hillsborough County Florida – Answers from an Expert

Questions and Answers

from a

DUI Expert

As a DUI expert serving Hillsborough County, I understand the anxiety and confusion that follows a first-time DUI arrest. The RIDR program offers a potential path to resolution, but navigating its complexities is vital. This comprehensive guide breaks down the RIDR program through essential Q&A and a detailed table, clearly outlining eligibility, benefits, and restrictions.

My goal is to equip you with the knowledge needed to make informed decisions. If you’re seeking clarity and personalized legal guidance on your DUI case and the RIDR program details presented below, reach out to Casey at DUI2Go.com for expert assistance.

Why was the First-Time DUI Diversion (RIDR) program created?

The program was created to address Hillsborough County’s high rates of DUI crashes, injuries, and fatalities. It aims to reduce recidivism and improve community safety by imposing enhanced sanctions on first-time, non-aggravated DUI offenders.  

Who is eligible for the First-Time DUI Diversion program?

Eligibility criteria include: the case must be a misdemeanor DUI offense; there can be no children in the vehicle; the breath alcohol concentration must be below 0.200%; there cannot have been a crash; there cannot be a prior DUI, alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges; there cannot have been a prior DUI diversion program and no more than one non-DUI diversion program as an adult; and in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a felony sentence.

How are cases selected for the program?

Your attorney can request consideration. The State Attorney’s Office evaluates cases individually based on the specific facts. They have the sole discretion to determine eligibility. Sanction levels are determined by BAC and the nature of the offense.

What are the benefits of accepting a plea offer under this program?

Benefits include: No Conviction; reduced charge to reckless driving; withhold adjudication; 12 months probation; vehicle immobilization for 10 days; avoidance of a DUI conviction on their record; and completion of DUI school and any recommended treatment.

What are the restrictions during the diversion program?

Restrictions include: no possession or consumption of alcohol, illegal drugs, or non-prescribed drugs during the 12-month probation period; payment of standard court costs and cost of supervision; and completion of DUI school and any recommended treatment.

Table Summarizing the First-Time DUI Diversion (RIDR) Program:

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If you or someone you know is facing a first-time DUI in Hillsborough County, contact Casey at DUI2Go.com today. Learn more about Casey here: https://dui2go.com/about/ For expert legal assistance regarding the First-Time DUI Diversion program, reach out to Casey at DUI2Go.com. Contact Casey here: https://dui2go.com/contact/

Original Announcement from 2018

Why Start New First-Time DUI Diversion (RIDR)?

Hillsborough County has consistently been ranked the worst or near the worst in Florida for DUI crashes, injuries, and fatalities. Given the dangers of impaired driving and the importance of reducing recidivism to promote long-term Community safety, the Hillsborough County State Attorney’s Office has established the reducing impaired driving recidivism initiative. The program seeks to aggressively target and reduce impaired driving by imposing enhanced sanctions like alcohol monitoring devices and DUI education programs on first-time, non-aggravated DUI offenders. This First-Time DUI Diversion program also promotes consistency in the prosecution of DUI cases by eliminating the incentive for offenders to refuse to provide a breath sample during the investigation.

Who Is Eligible for First-Time DUI Diversion Program?

To be eligible for the First-Time DUI Diversion program, first, the case must be a misdemeanor DUI. There can be no children in the vehicle. Also, the breath alcohol concentration must be below .200% and there cannot have been a crash. Additionally, there cannot be a prior DUI alcohol-related reckless driving, driving while license suspended with serious bodily injury or death, leaving the scene of an accident with injury or death, or vehicular homicide charges in the driver’s past. Finally, there cannot have been a prior DUI diversion program, more than one non-DUI diversion program as an adult, or in the five years prior to the date of offense the driver cannot have had a prior adjudication withhold or any portion of a sentence on a felony.

What Is The Process For Selecting Cases In This DUI Diversion Program?

The state attorney’s office will evaluate all cases on an individual fact-specific basis. The state attorney’s office solely determines the individual’s eligibility for the RIDR First-Time DUI Diversion Program. There will be three sanction levels for eligible cases. Level one cases will have a breath level below .15%. Next, Level two will have breath alcohol levels above .15% but less than .20% or there has been a refusal to provide. Last, Level 3 will be for drug-related DUIs.

Why Would Someone Want To Accept A Plea Offer Under The New DUI Program?

Mainly the driver will be offered a reduced charge of reckless driving and withhold adjudication. There will be 12 months probation. Individual must pay standard court costs and cost of supervision. They will have their vehicle immobilized for 10 days. The first-time DUI offender cannot possess or consume alcohol, illegal drugs, or non prescribed drugs during that 12 month period. Also, the offender must successfully complete the DUI school and any recommended treatment.

CDL Disqualifications

If you’re interested in truck driving and have a CDL, it’s important to understand the rules regarding disqualifications. Here are the main factors that can disqualify you from driving a commercial vehicle after a Truck Driver DUI.

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General Disqualifications

There are some general disqualifications that can result in losing your CDL:

• Driving a truck with a blood alcohol concentration (BAC) of 0.04% or higher.
• Driving a commercial vehicle under the influence of alcohol or a controlled substance.
• Refusing to undergo a blood alcohol test.
• Leaving the scene of an accident involving a commercial vehicle.
• Committing a felony using a commercial vehicle.
• Driving a CMV when your CDL is suspended.
• Causing a fatality through negligent operation of a commercial vehicle.

In commercial driving, understanding the potential consequences of alcohol-related convictions and disqualifications is crucial. In this article, we’ll break down the scenarios where individuals licensed to operate Commercial Motor Vehicles (CMVs) may face disqualifications for up to one year.

Alcohol-related disqualifications for CMV drivers include:

• Conviction for driving a truck with a blood alcohol level of .04 or higher.
• Operating a CMV under the influence of alcohol or a controlled substance or refusing to take an alcohol concentration test while driving a CMV.
• Driving a Commercial Motor Vehicle while under the influence of alcohol or a controlled substance, or possessing a controlled substance.

When it comes to disqualifications for operating a CMV, it’s crucial to understand that there are no provisions for individuals facing these disqualifications to obtain a hardship (business or employment) license to continue operating a CMV. This distinction is important, as it means that once your CDL is disqualified, there are no exceptions or allowances for restricted driving privileges for work-related purposes.

It’s essential to note that individuals disqualified from operating a Commercial Motor Vehicle do not have the option to obtain a hardship (business or employment) license for CMV operation. These disqualifications are separate from the provisions of section 316.193, Florida Statutes, which deal with DUI convictions. In the case of second or subsequent convictions for any of the aforementioned offenses from separate incidents, a permanent disqualification from CMV operation is imposed.

These Commercial Motor Vehicle disqualifications operate independently of the provisions outlined in section 316.193 of the Florida Statutes, which primarily pertain to DUI (Driving Under the Influence) convictions. DUI convictions can have their own set of penalties and requirements, which are separate from the disqualifications related to CMV operation.

You can refer to section 322.61, Florida Statutes, for a comprehensive review of the statutory language regarding these disqualifications. Be aware of these rules to safeguard Commercial Motor Vehicle privileges.

Consequences of Commercial Driver’s Licenses Disqualifications

Furthermore, it’s critical to recognize the long-term consequences of repeated convictions for the offenses mentioned earlier. If a driver incurs second or subsequent convictions for any of these offenses in separate incidents, a permanent disqualification from operating a CMV is imposed. This means that such individuals will no longer be eligible for CDL privileges, significantly impacting their ability to continue working in the commercial driving industry.

Individuals who find themselves ensnared within this statutory framework and subsequently disqualified from the operation of a Commercial Motor Vehicle (CMV) are further constrained by the inescapable reality that the prospect of obtaining a hardship license for CMV operation remains beyond their reach.

DUI, Accidents and General Disqualifications

Losing your Commercial Driver’s License (CDL) is a serious consequence that can have far-reaching effects on your career and livelihood. Understanding the general disqualifications is crucial for anyone in the field of commercial driving.

• Blood Alcohol Concentration (BAC): Operating a commercial vehicle with a BAC of 0.04% or higher is strictly prohibited. This Truck Driver DUI limit is significantly lower than the legal limit for non-commercial drivers, emphasizing the importance of sobriety.
• Driving Under the Influence: Driving a commercial vehicle under the influence of alcohol or a controlled substance is not only illegal but also endangers lives on the road. Such actions can lead to the immediate suspension of your CDL.
• Refusing Alcohol Testing: Refusing to undergo a blood alcohol test when required is treated as a serious violation. This refusal can lead to CDL disqualification, as it raises suspicions of impaired driving.
• Leaving the Scene of an Accident: Leaving the scene of an accident involving a commercial vehicle is a significant offense. It is your legal obligation to remain at the scene and report the incident. Failure to do so can result in CDL disqualification and potential legal consequences.

In summary, maintaining a clean record and adhering to the law are essential for CDL holders. Disqualifications can not only disrupt your career but also impact your financial stability. It is crucial to prioritize safety, responsible driving, and adherence to regulations to ensure the continued success of your commercial driving career.

By staying informed about CDL disqualifications and making safe choices on the road, you can protect your CDL and contribute to safer highways for everyone.

For a first offense, you may lose your CDL for at least one year if you commit any of the above violations. If the offense occurs while you’re operating a hazardous materials placarded CMV, the disqualification period is at least three years. A second offense can lead to a lifetime CDL disqualification if it involves a felony with controlled substances. Even having any detectable amount of alcohol under 0.04% can result in a 24-hour out-of-service period.

Serious Traffic Violations

Serious traffic violations include things like excessive speeding (15 mph or more above the speed limit), reckless driving, and improper lane changes. If you commit two serious traffic violations within a three-year period involving a commercial vehicle, you could lose your CDL for at least 60 days. For three or more serious violations in the same period, the disqualification lasts at least 120 days.

Violation of Out-of-Service Orders

If you violate out-of-service orders, the consequences vary:

• Your first violation leads to a 90-day CDL disqualification.
• Two violations within a ten-year period result in a one-year CDL disqualification.
• Three or more violations within the same timeframe can lead to a disqualification of at least three years.

Consequences of CDL Truck Driver DUI Disqualifications

Understanding the consequences of CDL disqualifications is vital for any aspiring commercial driver. These penalties can impact not only your career but also your livelihood. Some of the effects of CDL disqualifications include:

• Loss of employment: CDL disqualifications can lead to job loss, especially if your employment depends on your commercial driving privileges.
• Difficulty finding new work: After losing your CDL, finding a new job in the industry can be challenging, as employers prefer drivers with clean records.
• Financial impact: Legal fees, fines, and potential loss of income can have a significant financial impact on your life.
• Insurance premiums: A CDL disqualification can lead to increased insurance premiums, making it more expensive to maintain your vehicle.

Truck Driver DUI Conclusion

When considering a career in commercial driving, understanding the consequences of DUI and CDL disqualifications is essential. It’s crucial to prioritize safety, responsibility, and compliance to maintain your CDL and succeed in your chosen profession.

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If the State does not prove intoxication, there is no DUI conviction. Recently, we at DUI2Go encountered a tough case where the driver had blown into an Intoxilyzer 8000 breath machine and exceeded the legal limit in Florida of .08. Fortunately, our office has access to the logs of all breath test given by all machines in Florida and the maintenance records of these machines. As a result, we are sharing some of the Florida Department of Law Enforcement Intoxilyzer 8000 files. This is the Florida Department of Law Enforcement Alcohol Testing Program Intoxilyzer 8000 Operational Procedures also known as Form 37. In addition, the Florida Department of Law Enforcement also uses Form 38 Breath Alcohol Test Affidavit.  Finally, there is some great information in the Alcohol Testing Program Intoxilyzer® 8000 Reference Guide.

The Accuracy of Intoxilyzer 8000 in Court

Before 2014, often the state did not present scientific evidence of the machine’s accuracy. Recently, a Florida Driving Under the Influence court ruled in State v. Garcia, (20th Cir Aug 20, 2014) that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine/instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Sometimes we uncover broken Intoxilyzer 8000 breath machines. We reviewed this official FDLE Form 41 Department Inspection Report records of this machine. The machine had not passed the post-inspection Diagnostic Check. The instrument does not comply with Florida Administrative Code Chapter 11D-8. In addition, after failing its monthly inspection there was no evidence of repairing the machine. Notably, the machine returned to service without any repair record.

No Proof, No DUI Conviction

When the Intoxilyzer 8000 has not been maintained, the results may be thrown out. Without that evidence, it is difficult for the state to prove your guilt. Sometimes the state will offer a reduced charge of reckless driving does not carry the risk associated with a DUI conviction. If you have another DUI conviction later, your prior convictions enhance your penalties. Your conviction penalties may include; fines, ignition interlock device, license suspension or revocation and jail or prison. Multiple DUIs can carry mandatory jail time. Once a driver has three or more DUI convictions, it becomes a felony.