Concerned about your recent DUI arrest? Looking for the right criminal defense attorney to advise you on what to do? For first time DUI arrests the Miami Dade State Attorney’s Office offers a diversion program known as Back on Track. At the end of the program, if completed successfully, your charge is reduced from DUI to a reckless driving charge.

Not every DUI arrest is offered the Back on Track program. There are strict requirements and the right criminal defense attorney can sometimes assist you in being accepted to the program even if you don’t meet the program requirements.

Back on Track Requirements for Entrance into Program

  1. This must be a first DUI arrest for you
  2. You cannot have caused an accident or injury to another person
  3. There must not have been any minor children in the car
  4. No open alcohol containers were in the vehicle
  5. If you submitted to a breath test, no results higher than a 0.25 B.A.C
  6. No prior felony on your record with a conviction or a withhold of adjudication
  7. No more than 5 prior misdemeanor convictions or withholds
  8. No driving with a suspended license when arrested
  9. No bad driving pattern before DUI arrest (reckless driving, leaving the scene of an accident, fleeing, etc.)

If you are successfully admitted into the Back on Track Program you will complete many of the same conditions that would come with a DUI conviction. However after you complete the Back on Track Program, your charge will be changed from DUI to reckless driving.

Back on Track Program Conditions

Tier 1 Tier 2
Breath/Blood Limit Below .15 .15 or Above, up to .20 or Refusal
Program Length 6-9 months 9-12 months


Tier 1 Tier 2
Monetary Donation $300 $500
DUI School & Substance Abuse Evaluation $290 $290
Treatment if Required $300-$500 (estimate) $300-$500 (estimate)
Cost of Prosecution $50 $50
Cost of Supervision $500 $650
Cost of Recovery to Law Enforcement As requested by law enforcement As requested by law enforcement
Community Service 40 hours 60 hours
Victim Impact Class
(2 hours) + YouImpact Online Class
$140 (for both) $140 (for both)
Ignition Interlock Device 90 Days 180 Days
Approximate Total $1,500-$2,000 $2,200-$3,000


Contact Pagan & Stroleny, P.L. for your Miami Dade county criminal defense needs.  Former state prosecutors and experienced criminal defense attorneys Christopher Pagan and Julian Stroleny can help you during the entire legal process and can ensure that your rights are protected.  Call us today at 305-615-1285 to schedule a free consultation and see how Pagan & Stroleny, P.L. can assist you with your case.  For more information on how our law firm can help you, visit us online at