In Brief
A first DUI in Pinellas or Pasco County can end as reckless driving instead of a DUI conviction through DROP, the Sixth Circuit State Attorney’s diversion program. This post pulls three things from the firm’s free guide to the program: who qualifies, what the program actually demands, and the traps that cost people the deal. Different county, different program, so check the router below.
If your first DUI happened in Pinellas or Pasco County, there is a program that can end your case as reckless driving instead of a DUI conviction. It is called DROP, it is run by the State Attorney for the Sixth Judicial Circuit, and I just published a free plain-English guide to it: Safir Guide No. 20, The DROP Program. Here are three things from it.
Which county, which program
Each circuit runs its own first-DUI diversion program with its own rules, so start with the county of the arrest:
- DROP, Pinellas and Pasco (Sixth Circuit)
- RIDR, Hillsborough (Thirteenth Circuit) read that guide instead ➞
- DETER, Sarasota, Manatee, and DeSoto (Twelfth Circuit) read that guide instead ➞
Three things from the guide
1. DROP is two outcomes wearing one name
Tier 1, a reading of 0.120 or below, ends in reckless driving with adjudication withheld: no conviction, no points, and a record you may later seal. Tier 2, above 0.120 up to 0.150 or a refusal, ends in a reckless driving conviction, and a conviction is permanent. The line between those two futures sits at 0.120 on a machine’s printout, and as a forensic lawyer-scientist I will tell you plainly: a reading a few thousandths over a line is a measurement worth checking, not a verdict worth accepting.
2. The timing rules close the door quietly
You must apply at or before the second pretrial hearing, finish the community service, DUI school, and MADD panel before the plea, and the plea must come before any defense motion, speedy-trial demand, or deposition. Read that last part again: pursuing DROP means choosing not to litigate, and that choice has to be made early, with the evidence actually reviewed.
3. The program does not save your license
The DHSMV suspension runs on its own track with a ten day deadline from the arrest to demand a formal review hearing, and no diversion program pauses it. The license fight and the criminal case are two different battles, and the first one starts immediately.
Get the whole guide, free
The full guide covers eligibility and the exclusion list, both tiers in detail, the costs, how DROP compares to the programs in neighboring circuits, and how to decide whether to enroll or fight. It is free, and one email unlocks the entire Safir Guides library: get The DROP Program guide here. The web version of this topic lives in the DROP section.
And if your arrest just happened, skip the reading and get in touch. The ten day license clock is already running. Every case is different, and no outcome is ever promised. You’re better Safir than sorry.
Further Reading
- State Attorney, Sixth Judicial Circuit, DUI Rehabilitation of Offenders Program (D.R.O.P.), the official program page, official
- Fla. Stat. 316.193, Driving under the influence, full text, Online Sunshine
WRITTEN AND REVIEWED BY
Rory Safir, ACS-CHAL Forensic Lawyer-Scientist
He is the author of The Florida DUI Trial Manual, an NHTSA-qualified instructor in the standardized field sobriety exercises, faculty of the National College for DUI Defense, and a former Assistant Public Defender in the Thirteenth Judicial Circuit.
Program terms are set by each State Attorney and change; the details here are current as of this writing. This post is general information and not legal advice, and eligibility always turns on the facts of the individual case.
