The DETER Program in Sarasota, Manatee, and DeSoto

DETER reduces an eligible first DUI to reckless driving with alcohol as a significant factor across four levels. Here is the eligibility and the conditions.

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DETER, Driver Enhanced Treatment Education Rehabilitation, is the diversion program for the Twelfth Judicial Circuit, covering Sarasota, Manatee, and DeSoto. An eligible first-time DUI or BUI can be reduced to reckless driving with alcohol as a significant factor, with a withhold of adjudication on both counts. DETER is the most structured of the three regional programs, with four levels and a defined set of pre-plea and sentencing conditions.

DETER at a glance
Item Detail
Circuit and counties Twelfth Judicial Circuit: Sarasota, Manatee, and DeSoto
Resulting charge Reckless driving with alcohol as a significant factor, under sections 316.192(1)(a) and (5) and 948.15(1), plus a first refusal where it applies
Eligibility Misdemeanor DUI or BUI, no CDL, and no aggravators such as a minor, a reading above 0.20, or a crash, with no disqualifying prior or pending record
Level 1 BAC at or below 0.15
Level 2 BAC between 0.15 and 0.20, or a refusal
Level 3 Drug-related DUIs
Level 4 Refusal cases
Pre-plea Roughly 60 to 90 days with a speedy-trial waiver: remain crime and alcohol free, in-person DUI school and begin treatment, the MADD online program, and work-offender days that scale by level, with an interlock or monitor for Levels 1, 2, and 4 and weekly testing for Level 3
Plea outcome Reckless driving with alcohol as a significant factor, withhold on both counts, 12 months probation, a $500 fine with 25 hours offsetting $250, costs of prosecution and investigation, a 10-day immobilization, the MADD live panel, and 50 public service work hours
Monitoring at sentencing Interlock or monitor for 3 months on Level 1 and 6 months on Levels 2 and 4, and weekly urinalysis for 6 months on Level 3

Admission is at the sole discretion of the State Attorney for the Twelfth Circuit, and full credit is given for sanctions already completed. Terms from the office’s DETER enrollment contract, revised December 2025. Program terms last verified June 2026.

Four levels, including a refusal level

DETER sorts cases into four levels. Level 1 is a reading at or below 0.15, Level 2 is between 0.15 and 0.20 or a refusal, Level 3 is a drug case, and Level 4 is a refusal case carrying the most pre-plea work-offender days. Levels 1, 2, and 4 require an ignition interlock or a continuous monitor, while Level 3 substitutes weekly urinalysis. The monitoring period at sentencing runs three months on Level 1 and six months on Levels 2 and 4.

What the plea involves

The pre-plea phase runs roughly 60 to 90 days with a speedy-trial waiver, and it includes in-person DUI school, the start of treatment, the MADD online program, and the work-offender days for your level. The plea itself adds a $500 fine, with 25 hours of public service work offsetting half of it, the costs of prosecution and investigation, a 10-day immobilization, the MADD live panel, and 50 public service work hours. Full credit is given for anything already completed, so getting an early start shortens what is left at sentencing.

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.

DETER questions

What is the DETER program?

DETER, Driver Enhanced Treatment Education Rehabilitation, is the diversion program run by the State Attorney for the Twelfth Judicial Circuit, covering Sarasota, Manatee, and DeSoto. An eligible first-time offender who completes the pre-plea sanctions is offered a plea to reckless driving with alcohol as a significant factor, with a withhold of adjudication and twelve months of probation.

What are the DETER levels?

DETER has four levels. Level 1 is a reading at or below 0.15, Level 2 is between 0.15 and 0.20 or a refusal, Level 3 is a drug-related DUI, and Level 4 is a refusal case. The work-offender days and the monitoring period scale by level, and Level 3 substitutes weekly urinalysis for the alcohol monitor.

What does DETER cost and require?

The plea includes a $500 fine, with 25 hours of public service work able to offset $250 of it, plus costs of prosecution and investigation and standard court costs. It also requires in-person DUI school and treatment, the MADD live panel, 50 public service work hours, a 10-day vehicle immobilization, and interlock or monitoring that runs three to six months depending on the level.

Who is eligible for DETER?

DETER is for a misdemeanor DUI or BUI with no commercial license and no aggravators such as a minor in the vehicle, a reading above 0.20, or a crash, and no disqualifying prior or pending record. Admission is at the State Attorney's sole discretion, and each case is screened individually.

Is a DETER outcome sealable?

Because DETER ends in reckless driving with a withhold of adjudication, the outcome can often be sealed later if you otherwise qualify, and it avoids the mandatory DUI revocation and the FR-44 insurance tied to a DUI conviction. A DUI conviction itself can never be sealed in Florida.

Related: the diversion overview, the DROP program, the RIDR program, and a first DUI.

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.

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