DRIVER ENHANCED TREATMENT EDUCATION REHABILITATION (DETER)

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PURPOSE 

The State Attorney’s Office (SAO) has established the Driver Enhanced Treatment Education Rehabilitation (DETER) initiative to help promote long-term community safety by curbing the dangers of impaired driving and reducing recidivism.

DETER seeks to aggressively target 1st time, non-aggravated DUI offenders to reduce impaired driving by imposing enhanced educational and rehabilitative sanctions including ignition interlock devices, alcohol monitoring devices, work offender sanctions, and enhanced victim impact education.

ELIGIBILITY

1. Misdemeanor DUI only.
2. No aggravating factors, including but not limited to: a minor in the vehicle, BAC above .20, or a crash.
3. No prior: DUI, Alcohol-related reckless driving, DWLS with serious bodily injury or death, vehicular homicide, DUI prior diversion program, or any sentence on a felony charge within the past 5 years from the date of the DUI offense.
4. No pending: Florida driver license suspension, DUI, DWLS with serious bodily injury or death, vehicular homicide, or participation in another Pre-Trial intervention program or probation.

The SAO will evaluate all cases on an individual, fact-specific basis. An offender’s eligibility is determined at the SAO’s sole discretion and may be based on relevant factors not mentioned above.

PROCESS
The SAO will assign a sanction level to eligible cases:
    Level 1 – BAC at or below .15

    Level 2 – BAC between .15 and .20 or refusal of BAC

    Level 3 – Drug-related DUIs

 At arraignment, the offender will sign a form agreeing to participate in the DETER program, waive speedy trial, agree to complete the pre-plea sanctions, and agree to set the case for court disposition in approximately sixty (60) days.

Before disposition, the offender must provide proof of completion of the pre-plea sanctions to the SAO.
At disposition, if the offender has completed the pre-plea sanctions, he or she may accept the plea offer, enter a plea, and be sentenced.

DURING THE PRE-PLEA 60 DAYS, ALL OFFENDERS MUST 

1. Remain crime free and stay compliant with any conditions of bond or supervised release;
2. Complete DUI school and begin recommended treatment;
3. Complete MADD Online Victim Impact Program; AND
4. Level 1 and Level 2 offenders must
· Provide proof of installation of ignition interlock alcohol monitoring device or, if they do not own a vehicle, proof of a continuous alcohol monitoring device (PAM OR SCRAM);
· Complete two (2) work offender days for Level 1 offenses, and four (4) work offender days for Level 2 offenses
Level 3 offenders must:
· Not possess or consume alcohol, illegal drugs, or non prescribed drugs
· Submit to weekly urinalysis;
· Complete four (4) work offender days

PLEA OFFER
Upon completion of the pre-plea sanctions, offenders will be offered a plea of reckless driving with the following sanctions:
· Withhold of adjudication;
· Twelve (12) months probation;
· Standard court costs and conditions of probation;
· Cost of Prosecution;
· Cost of Investigation;
· Ten day (10) vehicle immobilization;
· No possession or consumption of alcohol, illegal drugs, or non prescribed drugs during probation;
· Successful completion of DUI school and any recommended treatment;
· Fine of $500;
· MADD Live Victim Impact Panel;
· 50 PSWs; AND
Level 1 and 2 offenders must further complete:
Ignition interlock alcohol monitoring, or if they do not own a vehicle, continuous alcohol monitoring, for three (3) months for Level 1 offenses and six (6) months for Level 2.
Level 3 offenders must: not possess or consume alcohol, illegal drugs, or non prescribed drugs and must submit to weekly urinalysis for six (6) months.