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.

Hillsborough County First-Time DUI Diversion Program (RIDR) – Key Information

Facing a first-time DUI in Hillsborough County? The Reducing Impaired Driving Recidivism (RIDR) program offers a crucial second chance. Understanding its intricacies is key. We announced the program originally in 2018. Through the past years, we’ve compiled essential information in the table below, followed by frequently asked questions, to help you navigate this opportunity and protect your future.

FAQ First-Time DUI Diversion (RIDR) in Hillsborough County, FL – Answers from a Former DUI Prosecutor

What is the RIDR program in Hillsborough County?

The Reducing Impaired Driving Recidivism (RIDR) program is a diversion program designed for first-time DUI offenders in Hillsborough County, FL. It offers an alternative to traditional court proceedings, allowing eligible individuals to avoid a DUI conviction by successfully completing specific program requirements.

Am I eligible for the RIDR program?

Eligibility is determined on a case-by-case basis. Generally, you must be a first-time DUI offender in Hillsborough County with no prior felonies and a blood alcohol content (BAC) within certain limits. Other factors may also apply. It is best to contact an attorney to assess your eligibility and guide you through the program.

What are the benefits of participating in RIDR?

The primary benefit is the potential to avoid a DUI conviction, which can have significant long-term consequences. Other benefits include avoiding a criminal record, reduced penalties, such as fines and license suspension, opportunity for rehabilitation and education, and potential for license reinstatement.

What are the requirements of the RIDR program?

The RIDR program typically includes DUI School, Victim Impact Panel, Community Service, Evaluation and recommended treatment (if applicable), and a period of supervision.

How long does the RIDR program take to complete?

The program typically lasts 6-12 months, but the exact timeframe can vary depending on individual circumstances and compliance.

What happens if I fail to complete the RIDR program?

If you fail to complete the program, you will likely face traditional court proceedings, and criminal violation charges will be pursued.

Why do I need an attorney for the RIDR program?

An experienced attorney, like W.F. Casey Ebsary Jr., can assess your eligibility for the program, guide you through the application process, represent you in court and with program officials, advocate for your best interests, ensure you understand all aspects of the program and your rights, and help mitigate any issues that arise during the process. Casey was a Prosecutor in one of the first diversion programs in Hillsborough County over 20 years ago.

How can W.F. Casey Ebsary Jr. help me with my first-time DUI case?

W.F. Casey Ebsary Jr. is an expert attorney with extensive experience in DUI cases in Hillsborough County. He can provide knowledgeable legal representation, ensuring you understand your options and helping you navigate the RIDR program or other legal avenues. Contact him at 813-222-2220 for a consultation.

What are the costs associated with the RIDR program?

Costs include program fees, evaluation fees, and legal fees. It is essential to discuss these costs with your attorney to understand the financial implications.

How do I get started with the RIDR program?

The first step is to contact an experienced DUI attorney like W.F. Casey Ebsary Jr. He can assess your case and guide you through the process. Call 813-222-2220 today.

Call 813-222-2220

• First-Time DUI Diversion
• Avoiding a Criminal Record for DUI with RIDR Program
• Reducing Impaired Driving Recidivism – Established DUI Diversion
• What is the DUI Program in Tampa Hillsborough County, Florida?
• Hillsborough County DUI Penalties

Original Reducing Impaired Driving Recidivism Announcement 2018

We just found out from Rena J. Frazier, Chief of Policy and Communication in the Office of the State Attorney 13th Judicial Circuit, “The State Attorney’s Office is commencing a new DUI initiative called Reducing Impaired Driving Recidivism (RIDR), aimed at reducing impaired driving through enhanced sanctions. RIDR will become effective on March 1, 2018.”

Reducing Impaired Driving Recidivism – RIDR

Program To Help Reduce Repeat DUI Offenders

This is breaking news. At this point, this is all we know. This includes all of Hillsborough County. Recidivism is the likelihood of a convicted criminal to carry out another crime. The new policy hopes to lessen the chance of the driver ever getting a second DUI.

This change in policy is important for drivers charged with their 1st DUI. According to Florida law, pretrial intervention programs can are available for a first time DUI driver as long as they have spoken with a lawyer, agrees to complete the program, waives the right to speedy trial, and the victim, the state, and the judge have all agreed.

When you find yourself pulled over by the police under suspicion of driving under the influence (DUI), you might be asked to submit to Field Sobriety Exercises (FSE), also known as Field Sobriety Tests (FST). These standardized tests are designed to assess a driver’s sobriety and can play a crucial role in a DUI case. In Tampa, Florida, and across the United States, there are a few common tests that officers administer to determine if a driver is impaired. This article explores what Tampa DUI Field Sobriety Exercises are, the most frequently used tests, and how to navigate them when ordered or “asked” to submit by law enforcement.

Questions and Answers

What exactly are DUI field sobriety exercises?

DUI field sobriety exercises are standardized physical tests used by law enforcement officers to assess a driver’s impairment. They typically involve simple tasks—like walking a straight line or standing on one leg—that provide clues about balance, coordination, and cognitive function.

Which field sobriety tests are most commonly used in Florida?

In Florida, officers often employ tests such as the walk-and-turn and the one-leg stand. Additionally, the horizontal gaze nystagmus test, used to observe involuntary eye movements, is another common measure to detect signs of intoxication.

How reliable are these field sobriety tests in determining actual impairment?

These tests are helpful in establishing probable cause, but they are not infallible. Their reliability can be affected by factors including uneven surfaces, poor lighting, weather conditions, medical issues, or even test anxiety. As a result, the outcomes can be subjective and are open to legal challenge.

Can the results of a field sobriety test be challenged in court?

Yes, the results can be challenged. An experienced DUI attorney can review how the tests were administered, identify any procedural discrepancies, and highlight how external conditions or personal factors may have influenced performance, thereby questioning the evidence.

What are some common mistakes that occur during the administration of these tests?

Mistakes often include improper test setups such as uneven or poorly lit surfaces, imprecise instructions, or deviating from standardized protocols. Factors like a person’s medical condition or sudden anxiety can also lead to a performance that may not accurately reflect impairment.

Could there be alternative explanations for a poor performance on these tests?

Certainly. A poor performance might stem from extreme nervousness, unfamiliar testing conditions, underlying health issues affecting balance or vision, or the overall stress of a traffic stop—none of which necessarily indicate alcohol or drug impairment.

Is it my right to refuse a field sobriety test in Tampa, Florida?

While you can refuse to participate in a field sobriety test, doing so may result in arrest or other legal complications under Florida law. A DUI attorney can provide guidance on your rights and the potential consequences of refusal based on your situation.

How can a DUI attorney assist if I’m facing charges based on field sobriety test results?

A skilled DUI attorney will scrutinize every detail—from the conditions of the test to the officer’s administration techniques. By identifying any errors, environmental issues, or personal factors that could have impacted the test, your attorney can challenge the validity of the evidence against you.

What immediate steps should I take if I suspect my field sobriety test was improperly administered?

There may be a video. If you believe the test was administered incorrectly, try to recall and note details such as the location, weather, lighting, and any unusual instructions provided. This information can be critical. Then, consult with a DUI attorney promptly to evaluate how these factors may affect your case.

Why is thorough documentation and expert analysis important in a DUI defense?

Documenting the conditions surrounding the test can be crucial in challenging its reliability. When combined with expert legal analysis, clear records of environmental and procedural discrepancies can expose flaws in the testimony and potentially lead to a more favorable outcome in your defense.

Understanding Field Sobriety Exercises

Field Sobriety Exercises are a set of physical and cognitive tests administered by police officers during a traffic stop when they suspect a driver of being impaired due to alcohol or drugs. These tests are designed to evaluate a person’s coordination, balance, and cognitive abilities under the influence. The results of these exercises can provide officers with evidence to support a DUI arrest.

Common Field Sobriety Exercises

In Tampa, as in most parts of the United States, there are a few Standardized Field Sobriety Exercises that law enforcement commonly uses. Here are the most frequently encountered tests:

1. One Leg Stand Test

In the One Leg Stand test, the driver is asked to stand on one leg while lifting the other leg approximately six inches off the ground. They must count aloud for a specified duration, typically around 30 seconds. The police officer observes the driver’s balance and ability to follow instructions.

2. Finger to Nose Test

The Finger to Nose test assesses a person’s coordination and ability to follow instructions. The driver is required to tilt their head back and close their eyes while attempting to touch the tip of their nose with their index finger. This test helps officers evaluate a driver’s motor skills and concentration.

3. Walk and Turn Test

The Walk and Turn test involves walking a straight line, heel-to-toe, for a certain number of steps, typically nine. After reaching the last step, the driver must turn and walk back in the same manner. Officers observe a driver’s ability to follow instructions, maintain balance, and walk a straight line.

4. Horizontal Gaze Nystagmus

While not a physical exercise, the Horizontal Gaze Nystagmus (HGN) is an eye test that involves tracking an object’s movement with the eyes. When a person is impaired, their eyes may exhibit involuntary jerking movements (nystagmus) when tracking an object. The presence and extent of nystagmus can indicate impairment due to alcohol or drugs.

5. Reciting the Alphabet

In Florida, police officers may also ask drivers to recite the alphabet, either forwards or backwards, as part of the sobriety testing process. Difficulty in reciting the alphabet or mistakes can be considered as indicators of impairment.

If you need legal assistance, don’t hesitate to reach out to W.F. “Casey” Ebsary Jr today at 813-222-2220.

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Handling Field Sobriety Exercises

If you are pulled over and asked to submit to Field Sobriety Exercises, it’s essential to remain calm and cooperate with the officer. Here are some tips to navigate these tests:

1. Be Polite and Cooperative

Maintain a respectful and cooperative attitude throughout the encounter. Being rude or uncooperative can potentially worsen your situation.

2. Know Your Rights

You have the right to remain silent and not incriminate yourself. You can politely inform the officer that you choose not to answer questions that may be self-incriminating. However, refusing the actual sobriety tests can lead to legal consequences.

3. Pay Close Attention

Listen carefully to the officer’s instructions, and if you don’t understand something, don’t hesitate to ask for clarification. It’s crucial to follow the instructions precisely.

4. Stay Calm and Composed

Nervousness is common when dealing with law enforcement, but it’s essential to stay as calm and composed as possible. Avoid unnecessary fidgeting or erratic behavior.

5. Perform to the Best of Your Ability

If you choose to participate in the Field Sobriety Exercises, do your best to perform them as accurately as possible. However, remember that these tests can be challenging even for sober individuals, and the results are subjective.

6. Document the Encounter

If you have concerns about the legality of the stop or the conduct of the officer, the encounter may be recorded by law enforcement. it’s a good idea to document the encounter by writing down details afterward.

When to Seek Legal Counsel

If you are arrested for DUI based on the results of Field Sobriety Exercises, it is essential to seek legal representation immediately. An experienced DUI attorney can help evaluate the circumstances of your case, challenge the admissibility of the test results, and build a defense strategy tailored to your situation.

Conclusion

Understanding Tampa DUI Field Sobriety Exercises and how to handle them is vital when faced with a DUI investigation. While these tests are designed to detect impairment, they are not foolproof, and their results can be subjective. Cooperation with law enforcement is important, but so is knowing your rights and being aware of how to navigate the situation effectively. If you find yourself in a DUI situation, consider consulting with a qualified DUI attorney to ensure your rights are protected and to explore potential defense strategies.

Can you get a DUI on a lawnmower in Florida?

Yes – You certainly can get a DUI on a lawnmower in Florida. W.F. “Casey” Ebsary, Jr. just obtained some interesting dash camera video of a nicely-equipped lawnmower that was stopped by a DUI investigator in Florida. Watch this “tricked out” lawnmower with patio umbrella for shade get pulled over.

2018 Florida Statutes 316.193 | Driving Under the Influence

1. A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
   1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
   2. The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
   3. The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Some people mistakenly think that they can drive a lawnmower, golf cart or bicycle while impaired. On the contrary, the Florida DUI law uses the term “vehicle.” Then Florida Statues define vehicle broadly and easily include cars, lawnmowers, golf carts, bicycles, tricycles, motorcycles.

VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.

2018 Florida Statutes 316.003 (99) Definitions

If you have a DUI you need an attorney. If this is your first DUI, you may want to read more.

Don’t unwittingly think that as long as you stay off of the roads you can travel around impaired. Florida has more than 65,000 square miles of water. There are also Boating DUI laws (The 2018 Florida Statutes 327.35).

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.

You want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber,  Lyft maybe even staying where you are.

What is Important?

You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:

• money
  • lost wages,
  • court costs,
  • bail costs,
  • defense costs,
  • if you are adjudicated the increase in insurance costs,
  • sometimes costs associated with education,

• time
  • time getting booked
  • time in court
  • time negotiating how to get back and forth to work or groceries or picking up kids
  • time learning about the charge
  • time deciding what attorney to hire
  • time away from family and friends

• stress
  • stress of the DUI stop with the police
  • stress of being booked into the jail
  • stress of court proceedings
  • stress loss of driving
  • stress of loss of work

You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.

To find out what we say about avoiding DUI charges at other prime times:

gasparilla festival

labor day

4th of July

New Year’s Eve

Easter

DUI attorneys and people who have been arrested call me and sometimes ask: What happens when there is a DUI arrest, a .000 breath test, followed by a urine screen that is positive for drugs? Here is the answer. We use a toxicologist to testify about the limitations of urinalysis in the following fashion:

A urine drug screen takes place in a laboratory setting and involves multiple chemists and technicians. The process entails a battery of tests over the course of several days utilizing different instruments that represent a comprehensive examination for controlled substances. These tests include the “immunoassay presumptive test,” the “thin layer chromatography test,” the “gas chromatography test” and “mass spectrometry.” Some of these tests are “quantitative” which reveal concentration levels.

However, in a urine test, the results are always reported in a “qualitative” fashion. (Meaning that the results are reported in such a way that they are limited only to confirm the presence or absence of a drug.) The reason for this is quite legitimate since concentrations detected in urine do not correlate with concentrations found in the blood. Thus, urine concentration levels have no meaning in and of themselves since they represent a number related to what is found merely in the urine and not in the bloodstream. (And of course, it is only what is found in the bloodstream that directly relates to the issue of impairment at the time of driving.)

Usually, the State’s toxicologist can only testify that while the presence of a controlled substance was detected in the urine sample, it is impossible to determine based on this method of testing whether a driver was actually feeling the effects of that substance at the time he was operating the vehicle. Usually, the State’s expert witness will also have to admit that such uncertainty is due to the length of time that it takes for most prescription and illegal drugs to be processed or “eliminated” from the human body.

 Drugs and DUI? Call Casey at 813-222-2220