DUI Court in Florida

DUI Court is similar to Drug Court. It is a type of out-patient treatment program run by the court designed to address alcoholism in repeat DUI offenders. DUI Courts are not as common as Drug Courts, but they are gaining more recognition in the Court system. The idea that drives the DUI Court program is the belief that offenders who have multiple DUI offenses probably have issues with alcoholism or substance abuse. By addressing the underlying problem you will have more success in preventing future offenses as opposed to letting the person sit and stew in a jail cell where no help is offered.

How does the DUI Court program work?

DUI Court programs are designed to address the needs of multiple DUI offenders with alcohol or substance abuse issues. To apply for the program the offender must have more than one DUI offense and be willing to accept treatment for their drug or alcohol problem.

While participating in the program the offender will not be allowed to drink or use narcotic drugs. If the offender is taking prescribed medications that are narcotic in nature, they must agree to titrate off the medication and substitute a non-narcotic alternative. This ensures that the offender is truly addressing the underlying addiction issue.

The program works in stages. The initial stages are incredibly intense. As the offender works through the stages the requirements become less and less restrictive. This allows the offender to transition to an alcohol free lifestyle gradually which has been shown to have greater success.

The offender will have to participate in group counseling sessions, individual therapy, and AA and NA meetings. There is required community service work that must be performed. These requirements are in addition to the mandatory DUI School, costs and fees associated with a DUI charge. There is also a weekly court meeting to discuss the offender’s progress in the program.

If the offender completes all of the requirements of the program they “graduate.” A small ceremony is held to acknowledge the achievement and the offender is free to go.

If an offender does not meet the requirements they can be “sanctioned.” A sanction can be something as simple as writing an essay or performing more community service hours to having extra counseling. In extreme cases the offender can be placed in jail overnight or for a few days. Residential treatment may be ordered. If none of that works to curb the behavior, the offender will be terminated from the DUI Court program and sentenced to a jail term.

Initial Application

To be considered for the program, the applicant must be pre-screened. In general the applicant will be asked about any medical conditions, current medications, and criminal history. As a general rule, applicants with violent offenses are not able to participate in the program for client safety. The requirements of the program are fully explained to determine if the applicant truly wants treatment. If the applicant is found to be a good candidate then a plea will be scheduled by the attorney.

Plea

A plea into DUI Court is different from a regular plea. During a DUI Court plea the offender is asked questions about why he or she wishes to enter the program, what their goals are for their participation in the program, questions as to their drug of choice and their using habits. The idea is to get to know the offender and their needs rather than trying to determine an appropriate sentence. The sentence is pretty well determined. So there is not as much of a need to mitigate as there is with a normal case. The offender still must agree to give up their right to a trial and participate in a plea colloquy. Once the offender is accepted, they serve the initial jail time required (if any) and begin the first phase of the program.

Program Participation

The DUI Court program has four stages. There are different requirements for each stage. The following is an excerpt and explanation of the phases for the 12th Circuit DUI Court Program (http://12circuit.state.fl.us/ProgramsServices/DUICourtSarasota.aspx). It explains what is required in each stage and represents how participation changes as an offender grows with the treatment:

PHASE I: Orientation & Engagement – Duration – (up to 45 days)

  • Mandatory jail time.
  • Weekly Court Appearances.
  • Clinical assessment
  • Mental Health assessment
  • Case Management assessment
  • Probation orientation and assessment
  • Minimum of one home visit by probation, case manager or law enforcement.
  • Submit to a minimum of 3 random alcohol/drug screens per week.
  • Attend a minimum of 3 support/sober network meetings per week.
  • Comply with any additional requirements recommended by the treatment provider

To advance:
Completed jail time, completed all assessments, submitted up to 3 consecutive clean urine screens, signed Phase II contract and pay a minimum of the $100.00 administrative fee.

PHASE II: Early Recovery – Duration – (approximately 90 days)

  • Obtain a verified sponsor.
  • Follow all rules and regulations of treatment.
  • Weekly court appearances
  • Attend weekly scheduled case management meetings.
  • Attend scheduled monthly meetings with Probation Officer.
  • Attend a minimum of 3 support/sober network meetings per week.
  • Submit to a minimum of 3 random alcohol/drug screens per week.
  • Enroll in DUI School.
  • Maintain employment or seek employment skills & vocational / educational opportunities / Complete community service work as imposed by judge
  • Minimum of 1 monthly random home visit by probation, case manager or law enforcement.
  • Pay DUI Court Program fees.

To Advance:
Completed all phase requirements; current on program fees, minimum of 30 consecutive days clean and sober, signed Phase III contract.

PHASE III – Maintenance & Relapse Prevention – Duration – (approximately 115 days)

  • Follow all rules and regulations of treatment.
  • Bi-weekly court appearances
  • Attend scheduled monthly meetings with Probation Officer.
  • Attend scheduled weekly case management meetings as recommended.
  • Minimum of 1 random home visits by probation, case management or law enforcement.
  • Attend a minimum of 3 support/sober network meetings per week.
  • Submit to a minimum of 3 random alcohol/drug screens per week.
  • Maintain gainful employment / vocational training / full-part time student / Complete community service work as imposed by the judge.
  • Pay DUI Court program fees
  • Set up payment plan for court cost and fines.
  • Begin and attend financial counseling as determined by the court. 
  • Participate in Victim Impact Panel

To Advance:
Completed all phase requirements, must be employed and/or attending school, completed DUI School, minimum of 90 days clean and sober, current on program fees, signed Phase IV contract.

PHASE IV – Continuance of Care & Commencement – Duration – (approximately 115 days)

  • Follow all rules and regulations of treatment.
  • Monthly court appearances
  • Attend scheduled monthly meetings with Probation Officer.
  • Attend monthly case management meetings as recommended.
  • Minimum of 1 random home visit by probation, case management or law enforcement.
  • Submit to a minimum of 3 random alcohol/drug screens per week.
  • Attend a minimum of 3 support/sober network meetings per week.
  • Maintain gainful employment / vocational training / full-part time student / Complete community service work as imposed by the judge.
  • Pay remaining balance of DUI Court program fees, court costs and fines 
  • Attend bi-monthly Alumni group meeting.
  • Complete Alumni group form.
  • Develop Relapse prevention plan
  • Continue to address medical and mental health issues.
  • Complete program exit interview
  • DUI Court Commencement

As long as the offender follows the program, he or she will not be subject to additional penalties. The offender will also develop the skills necessary to deal with the addiction issues so that they do not re-offend in the future.

Graduation

If the offender meets all of the requirements of the program, they “graduate.” When the offender graduates their hard work is recognized. Usually there is a little ceremony where everyone claps and the offender receives a certificate or award to show that they have completed the requirements. The idea is to reward the offender for all the hard work and dedication they put into the program as well as to motivate those who are still participating. Current DUI laws do not allow for dismissal of the DUI charges upon completion.

Why would someone enter DUI Court?

There are several personal benefits that result from entering and completing the DUI Court program. But in order for the program to be successful, there must be an incentive for an offender to enter. In most cases, the incentive is that the offender will receive a very minimal jail sentence.

In Florida, multiple DUI offenders can be sentenced to a year in jail. If it is a felony, the jail term can be five years. The jail sentence for a DUI Court participant is usually restricted to the minimum mandatory jail term. This means a person will spend between 10 days and 30 days in jail as opposed to six months in return for their participation.

Although most individuals enter the program to avoid jail, they find the counseling to be very helpful. Addiction affects every aspect of a person’s life. Many find that by participating they become healthier, have better interpersonal relationships and obtain a better outlook on life.

Sometimes offenders who participate discover they have undiagnosed mental issues in addition to the addiction they face. With proper diagnosis and treatment many find the pressures of the daily routine easier to manage.

DUI Court is a very special and unique program. Successful participants find many benefits in the program. The community as a whole also benefits as the offender gives back through community service. Family relationships are repaired strengthening the family unit. Taxpayer money and city funding resources are not spent housing the offender in the jail. In the end it is a win-win for all involved.

To discuss if DUI Court is available in your area, and to discuss whether or not it may be appropriate for your situation consult a local Dui attorney. DUI Court should not be considered until all options are explored in your particular case.