Not every Florida DUI has to end in a DUI conviction. For many first offenses without a crash, a high reading, or a minor in the car, the charge can be reduced to reckless driving with alcohol as a significant factor under section 316.192(5). Three prosecutor-run programs in the Tampa Bay region formalize that path, and which one applies depends entirely on the county. This page compares all three, and each links to a full breakdown.
The reduction matters for a simple reason. A DUI conviction can never be sealed or expunged in Florida, and it brings a mandatory license revocation and steep insurance consequences. A reckless-driving outcome with a withhold of adjudication usually avoids the mandatory revocation and can often be sealed later. That is the difference these programs are built around.
| Feature | DROP (6th Circuit) | RIDR (13th Circuit) | DETER (12th Circuit) |
|---|---|---|---|
| Counties | Pinellas and Pasco | Hillsborough | Sarasota, Manatee, DeSoto |
| Resulting charge | Reckless driving, alcohol a significant factor | Reckless driving, alcohol a significant factor | Reckless driving, alcohol a significant factor |
| BAC ceiling | 0.150 | Below 0.20 | 0.20 or below, by level |
| Levels or tiers | Tier 1 and Tier 2 | Levels 1 to 3 | Levels 1 to 4 |
| Adjudication | Withheld on Tier 1, guilty on Tier 2 | Withheld | Withheld |
| Probation | Up to 6 months (Tier 1) or 9 months (Tier 2) | 12 months | 12 months |
| Sealable | Tier 1 yes, Tier 2 no | Generally yes | Generally yes |
Each program is run at the sole discretion of its State Attorney and the terms can change. Figures reflect the current program documents from each office. Program terms last verified June 2026.
DROP, in Pinellas and Pasco
DROP, the DUI Rehabilitation of Offenders Program, runs in the Sixth Judicial Circuit covering Pinellas and Pasco. It has two tiers based on your reading. Tier 1 ends in reckless driving with adjudication withheld, and Tier 2 ends in a reckless-driving conviction. Full details are on the DROP page.
RIDR, in Hillsborough
RIDR, Reducing Impaired Driving Recidivism, runs in the Thirteenth Judicial Circuit covering Hillsborough. It has three levels and ends in reckless driving with alcohol as a significant factor, with a withhold and twelve months of probation. Full details are on the RIDR page.
DETER, in Sarasota, Manatee, and DeSoto
DETER, Driver Enhanced Treatment Education Rehabilitation, runs in the Twelfth Judicial Circuit covering Sarasota, Manatee, and DeSoto. It has four levels, including a level for refusals, and ends in reckless driving with alcohol as a significant factor, with a withhold and twelve months of probation. Full details are on the DETER page.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I have stood on both sides of a DUI docket, so I can give you a straight read on where your case sits on the penalty scale, whether a reduction or a diversion program is realistic, and what it takes to get there. Learn more about my background.
DUI diversion questions
What is DUI diversion in Florida?
DUI diversion is a prosecutor-run program that lets an eligible first-time offender complete a set of conditions and then have the DUI reduced to reckless driving with alcohol as a significant factor, usually with a withhold of adjudication. In the Tampa Bay region the programs are DROP in Pinellas and Pasco, RIDR in Hillsborough, and DETER in Sarasota, Manatee, and DeSoto.
What is a wet reckless in Florida?
Wet reckless is informal shorthand for reckless driving with alcohol as a significant factor under section 316.192(5), which is the charge a DUI is usually reduced to. It is not a statutory term. In its strict sense it means a conviction, an adjudication of guilt that adds four points, cannot be sealed, and still counts as a prior DUI if you are arrested for DUI again. The diversion programs usually do better than that by withholding adjudication, so the reckless is not a conviction, adds no points, and may be sealable later.
Who qualifies for DUI diversion?
Eligibility varies by program, but the common requirements are a first DUI, no crash with injury, no minor in the vehicle, a breath or blood level below the program ceiling, no commercial license, and no disqualifying prior record. Admission is decided at the State Attorney's sole discretion, and meeting the criteria does not guarantee a place.
Does diversion clear my record?
Diversion does not erase the arrest, but it changes the outcome to reckless driving. When adjudication is withheld, that reckless-driving outcome can often be sealed later if you otherwise qualify, which a DUI conviction can never be. A reckless conviction with adjudication, such as DROP Tier 2, cannot be sealed.
Which program applies to my case?
It depends on the county where the case is filed. Pinellas and Pasco use DROP, Hillsborough uses RIDR, and Sarasota, Manatee, and DeSoto use DETER. Each has its own levels, conditions, and costs, which the individual program pages break down.
Related: the full penalty chart, a first DUI, the DROP program, the RIDR program, and the DETER program.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.
