While it is never good to pick up a DUI charge, if a driver is unfortunate to have done so, Hillsborough County is one of the better jurisdictions to have one occur. This is because the Hillsborough County State Attorney’s Office offers first-time DUI offenders an opportunity to have their charge reduced to a reckless driving through its “Reducing Impaired Driving Recidivism” (RIDR) program.

Click here to see the guidelines.

Who is Eligible

Most first-time DUI offenders will be eligible with a few important exceptions. Here are the requirements:

  • It must be a misdemeanor DUI (this excludes DUI with serious bodily injury and DUI manslaughter from the program.
  • No minor in the vehicle at the time of the offense
  • No crash
  • Breath alcohol level of 0.20 or below (refusal still eligible)
  • No prior DUIs
  • No prior or pending alcohol-related reckless driving convictions, driving while license suspended with serious injury, leaving the scene of an accident with injury or death, vehicular manslaughter, no prior DUI diversion, no more than one prior non-DUI diversion program, and no prior felony within 5 years of the current DUI

 

How Does It Work?

In general, an eligible driver facing a DUI charge in Hillsborough County can have their DUI reduced to a reckless driving charge, with a withhold of adjudication (important for sealing the arrest) if they complete certain conditions prior to entering a plea. Those conditions, and the resulting probationary sentence, will vary slightly depending on whether the BAC was above 0.15 and whether it was a drug-related DUI.

All DUI defendants must complete the following prior to entering a plea:

  • Stay crime free
  • Complete DUI school and begin recommended treatment
  • Complete the MADD Victim Impact Panel
  • Complete 10 hours of community service

Under RIDR, there are three levels of the program. Level I is for offenders with a BAC under 0.15. Level II is for offenders above 0.15 and those who refused to give a breath sample. Level III is for those suspected of being impaired by narcotics. Prior to a change of plea, Levels I and II must install an ignition interlock device on their vehicle or have a continuance alcohol monitor placed on their person. Level III must have a PharmaCheck patch on their person.

 

RIDR Sentences

Upon satisfactory proof of the completion of the necessary pre-plea conditions, the matter will be set for a change of plea. Depending upon the level of the offender, the following sentence(s) will be handed down:

All offenders:

  • Reduction of charge to reckless driving with a withhold of adjudication
  • 12 months of probation
  • Standard court costs and conditions of probation
  • 10-day vehicle immobilization
  • No possession or use of alcohol or non-prescribed drugs
  • Successful completion of DUI school and any recommended treatment

Level I:

  • 50 hours of community service
  • 3 months of ignition interlock or SCRAM

Level II:

  • 75 hours of community service
  • 6 months of ignition interlock or SCRAM

Level III:

  • 50 community service hours
  • 3 months of PharmaCheck patch

 

This program is discretionary with the Hillsborough County State Attorney’s Office. They do not have to offer this program (while they generally do as a matter of course to eligible offenders). This program does not apply to any DUI offense that occurs outside Hillsborough County.

As such, if you happen to have the misfortune of being charged with Driving Under the Influence, please call board certified criminal trial law attorney Adam Bantner today at 813.416.7965.