How does the Palm Beach County first-time DUI offender program work?

The program is published by the Office of the State Attorney for the Fifteenth Judicial Circuit, which prosecutes cases in Palm Beach County, as the "Palm Beach County 1st Time D.U.I. Offender Program." Everything on this page comes from the office's program sheet as posted today, quoted where the exact words matter, and from the Florida Statutes. It is a summary, not a promise that any driver will be admitted or will receive this result. For how Mr. Mead approaches a DUI charge in general, see the main DUI defense page.

How does the program work, step by step?

1. The arrest and the filing review. The State Attorney's D.U.I. filing division reviews the case and decides, at its sole discretion, whether the driver is eligible.
2. Two months of pre-conditions. An approved driver completes the four pre-conditions listed below and stays crime-free within two months.
3. The plea at arraignment. At the next court date, at one of the satellite courthouses, the State offers a plea to reckless driving with adjudication withheld; the plea comes before any defense motions, discovery demands or jury trial demands.
4. The nolle prosequi. The State drops the DUI charge.
5. Twelve months of probation. The driver completes the conditions of the assigned tier, with the pre-conditions credited, except interlock time before the plea date.
6. The end of probation. On successful completion, the sheet says, no points are added to the license; a violation can bring up to 90 days in jail and a $500 fine.

What are the four pre-conditions?

The program sheet says that if eligibility is approved by the office's D.U.I. filing division, "you will be required to perform four pre-conditions (and stay “crime-free”) within a two-month time frame in order to obtain a State-approved plea to Reckless Driving." The four are:

1. "Successful performance of 20 community service hours;"
2. "Proof of successful completion of the DUI School;"
3. "Proof of successful completion of the Victim Impact Panel; and"
4. "Proof of successful installation of the Ignition Interlock alcohol monitoring device."

How long an interlock lasts under Florida law in other situations, and who pays for it, is on our page about ignition interlock after a Florida DUI.

What does the State offer if the pre-conditions are done?

If all pre-conditions are completed on time, the sheet says the State will offer this resolution at the next court date, "with completed conditions being credited towards probation, with the exception of any time spent on ignition interlock supervision prior to the actual plea date":

• "Plea of guilty to Reckless Driving (adjudication will be withheld)"
• "State of Florida will issue a nolle prosequi on the D.U.I. charge"
• "Probation for a 12-month period, with conditions based on “Tier” level assigned"

A nolle prosequi means the State drops that charge. The sheet adds: "Upon successful completion of probation, you will not receive any points against your license. However, if you fail to successfully complete probation, you could be found guilty of a probation violation, which carries a penalty of up to 90 days in jail and up to a $500 fine." How reckless driving compares with a DUI conviction is explained on our page about whether a Florida DUI can be reduced to reckless driving.

When and where must the plea be entered?

"This plea resolution must be entered at the Arraignment stage of the case at one of our satellite courthouses (Gun Club, North County, South County, or Belle Glade). This plea resolution must be entered prior to the filing of any defense motions, demands for discovery, or demands for jury trial. Failure by a Defendant/Defense Counsel to abide by these rules will result in disqualification from this program."State Attorney, 15th Judicial Circuit, Palm Beach County 1st Time D.U.I. Offender Program

For an arrest in Boca Raton, Boynton Beach or Delray Beach, the Fifteenth Circuit's Administrative Order 4.603 places the case in the Southern Region, heard at the South County Courthouse, 200 West Atlantic Avenue, Delray Beach, where the State Attorney's office says DUI arraignments are held weekly. Because the timing rule is strict, the decision about the program usually has to be made in the first days of the case. Our first-week checklist after a DUI arrest puts it in order with the license deadline.

Who is eligible?

The sheet's eligibility criteria rule out:

• "cases involving Defendant breath samples over the 0.200 B.A.C. mark"
• "cases involving accidents"
• "cases involving minor children / animals in Defendant's vehicle"
• "cases involving Defendants with prior commission(s) of similar offenses"
• "cases involving Defendants who have received prior formal diversion programs (excluding juvenile diversion programs)"
• "cases involving Defendants who have served prior prison sentences"
• "cases where Defendants did not have valid driver's licenses at time of offense"
• "cases where there are accompanying felony charges"

A second count is allowed only for "First Refusals (specified under Tier 3 Diversion conditions)" or a willful refusal to sign and accept the citation. Above all, the sheet says: "ALL CASES are evaluated on an individual, fact-specific basis, notwithstanding the above criteria. A defendant's eligibility is determined at the sole discretion of the D.U.I. filing unit and may be based on relevant factors not mentioned above."

What are the three tiers?

Since October 1, 2025, a first refusal of a breath or urine test can itself be charged as a misdemeanor in Florida. Our page about refusing the breath test explains that law.

How does the program fit with Florida's 0.15 plea rule?

Florida law limits plea bargains in DUI cases with high test results. Section 316.656(2)(a), Florida Statutes, reads:

"No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more."Florida Statutes s. 316.656(2)(a)

The program's published Tier 2 covers readings between 0.150 and 0.200, and the program resolves the DUI count through a nolle prosequi, which is the State's own decision. How the statute and the program apply to a particular case is a question to go over with a lawyer. Nothing on this page promises admission to the program or any result.

Does the program stop the license suspension?

No. The program is part of the criminal case. The administrative suspension from the Florida Department of Highway Safety and Motor Vehicles runs separately and has its own 10-day deadline from the notice of suspension (s. 322.2615), explained on our page about keeping your license within 10 days. In Broward County, the State Attorney's published list of diversion programs does not include a DUI-specific program; the programs it does publish are on our page about pretrial diversion in Palm Beach and Broward.

What changes the answer?

• The breath result. Below 0.150 is Tier 1, 0.150 to 0.200 is Tier 2, and over 0.200 is excluded. The rules for how the breath test must be given are on our page about Florida's breath test rules.
• A refusal. A first refusal goes to Tier 3, with a plea to the refusal count as well.
• A crash, a child or an animal in the car. Each is listed as an exclusion; crash cases are discussed in what happens when a DUI involves a crash.
• Prior history. Prior similar offenses, prior formal diversion other than juvenile diversion, and prior prison sentences are exclusions.
• The license at the time. A driver without a valid license at the time of the offense is excluded.
• Defense filings. Any motion, discovery demand or jury trial demand before the plea disqualifies the case under the program's timing rule.

A worked example

For example, suppose a hypothetical first-time driver is arrested by Boynton Beach police with a breath result of 0.13, no crash, no passengers and a valid license. The filing division approves the driver for the program. Within two months the driver performs 20 community service hours at an approved location, finishes DUI school, attends the Victim Impact Panel and installs an ignition interlock, while the lawyer files nothing that would trigger the timing rule. At arraignment at the South County Courthouse, the driver pleads guilty to reckless driving with adjudication withheld, the State issues a nolle prosequi on the DUI, and Tier 1 probation begins: a $250 fine and court costs, 50 community service hours with credit for the 20 already done, a 10-day vehicle immobilization and 3 months of interlock monitoring, not counting the interlock time before the plea. The license suspension from the arrest, handled by FLHSMV, runs on its own track. This is a hypothetical illustration of the published terms, not a promise of admission or result.

Common mistakes people make

• Filing a discovery demand or motion out of habit, which the sheet says disqualifies the case.
• Assuming admission is automatic; the filing unit decides at its sole discretion.
• Doing community service at a location the State Attorney has not approved.
• Expecting the program to fix the license; the FLHSMV suspension is separate.
• Not budgeting for the tier's fine, the testing "at Defendant's expense," the interlock and DUI school; the wider costs are in how much a DUI costs in Florida beyond the fine.
• Overlooking the refuse-to-sign count, which the tier sheets list with an adjudication.

What to do this week

1. Check the breath result and whether anything on the exclusion list applies.
2. Find the arraignment date and the courthouse on your notice.
3. Speak with a lawyer before anything is filed in the criminal case.
4. Ask about the program's pre-conditions and start lining them up if you are approved.
5. Enroll in a licensed DUI program; locations are on our page about DUI school in Palm Beach and Broward County.
6. Deal with the 10-day license deadline at the same time.

Frequently asked questions

Is the Palm Beach first-time DUI program the same as pretrial diversion?

Not exactly. The DUI charge is dropped by nolle prosequi, but the program includes a guilty plea to reckless driving with 12 months of probation. Broward's and Palm Beach's other diversion programs work differently.

Can I enter the program if I refused the breath test?

The sheet allows a second count for "First Refusals (specified under Tier 3 Diversion conditions)." Tier 3 adds a plea to the refusal, where adjudication may be withheld or entered case by case.

Where is the plea entered?

At arraignment at one of the satellite courthouses the sheet names: Gun Club, North County, South County or Belle Glade. The Gun Club Road complex is described on our page about the Palm Beach County jail and first appearance.

Will the case show on my record after the program?

The reckless driving plea stays on the court record. Whether it can be sealed later, and how the adjudicated refuse-to-sign count affects that, is explained in can a DUI be sealed or expunged in Florida.

Does the program apply in Broward County?

No. It is a Palm Beach County State Attorney program. Broward's published diversion list does not include a DUI-specific program.

What does "adjudication withheld" mean on the reckless plea?

It means the court does not formally adjudicate the person guilty. Why that matters is explained on our page about withhold of adjudication in Florida.

How can Mr. Mead help?

Mr. Mead can review the reports and the test result, explain whether the program's criteria appear to fit, and weigh the program against the defenses that motions and discovery might bring, before the timing rule forces the choice. Every case is different, and no result can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

Request a Call Back