DROP, the DUI Rehabilitation of Offenders Program, is the diversion program for the Sixth Judicial Circuit, which covers Pinellas and Pasco. For an eligible first-time DUI, completing the program reduces the charge to reckless driving with alcohol as a significant factor. Which of the two tiers you fall into depends on your breath or blood reading, and the difference between them is significant, because one ends in a withhold and one ends in a conviction.
| Item | Detail |
|---|---|
| Circuit and counties | Sixth Judicial Circuit: Pinellas and Pasco |
| Resulting charge | Reckless driving with alcohol as a significant factor, under section 316.192(5), Florida Statutes |
| Application | At or before the second pretrial hearing, with a $50 nonrefundable fee |
| Pre-plea conditions | 20 community service hours that cannot be bought out, FLHSMV-approved DUI school, and the MADD Victim Impact Panel |
| Timing rule | The plea must be entered before any defense motion, speedy-trial demand, or deposition |
| Tier 1 | BAC 0.120 or below and drug DUIs: reckless driving with alcohol as a significant factor, adjudication withheld, probation up to 6 months, $100 fine |
| Tier 2 | Above 0.120 to 0.150 and breath-test refusals: reckless-driving conviction, probation up to 9 months, $250 fine, plus a DHSMV driver-improvement course |
| Both tiers | 50 total community service hours with the 20 credited, 10-day vehicle immobilization, no alcohol or bars, and random testing at your expense |
Eligibility excludes a reading over 0.150 with no extrapolation, a crash with injury or significant property damage, a minor in the vehicle, an accompanying or pending felony or any supervision, a prior similar offense or prior diversion, no valid license, and a CDL. Admission is at the sole discretion of the State Attorney for the Sixth Circuit. Terms from the office’s DROP program document. Program terms last verified June 2026.
Tier 1 and Tier 2 are not the same outcome
Tier 1 covers a reading of 0.120 or below, along with drug DUIs, and it ends in reckless driving with adjudication withheld and up to six months of probation. Because adjudication is withheld, there are no points and the outcome may be sealable later. Tier 2 covers readings above 0.120 up to 0.150 and breath-test refusals, and it ends in a reckless-driving conviction with up to nine months of probation and a required driver-improvement course. A conviction is not sealable, so the tier you land in carries real long-term weight.
One more thing about those cutoffs, from the lawyer-scientist side of my practice. The numbers that sort you into a tier, .120 and .150, are breath or blood measurements, and every measurement carries uncertainty. The Intoxilyzer 8000 is a machine with a calibration history, an inspection file, and a margin of error, so a .123 or a .152 is not the same kind of fact as a number far from the line. Before a reading a few thousandths over a threshold decides your tier or your eligibility, I pull the machine’s records and check whether that number deserves that power.
The timing rules are strict
DROP has firm procedural rules. You apply at or before the second pretrial hearing with a $50 fee, you complete the 20 community service hours, the DUI school, and the MADD panel before the plea, and the plea has to come before any defense motion, speedy-trial demand, or deposition. Stepping outside those rules can disqualify you, which is why the early decisions in a Pinellas or Pasco DUI matter so much.
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.
DROP questions
What is the DROP program?
DROP, the DUI Rehabilitation of Offenders Program, is the diversion program run by the State Attorney for the Sixth Judicial Circuit, covering Pinellas and Pasco. An eligible first-time offender who completes the pre-plea conditions has the DUI reduced to reckless driving with alcohol as a significant factor. There are two tiers based on the breath or blood reading.
What is the difference between DROP Tier 1 and Tier 2?
Tier 1 applies to a reading of 0.120 or below and to drug DUIs, and it ends in reckless driving with adjudication withheld, up to six months of probation, and a $100 fine, with no points and a record that may be sealable. Tier 2 applies above 0.120 up to 0.150 and to breath-test refusals, and it ends in a reckless-driving conviction with up to nine months of probation, a $250 fine, and a required driver-improvement course.
How do I get into DROP?
You apply at or before the second pretrial hearing with a $50 nonrefundable fee, and you complete 20 community service hours that cannot be bought out, an approved DUI school, and the MADD Victim Impact Panel before the plea. The plea has to be entered before any defense motion, speedy-trial demand, or deposition, and admission is at the State Attorney's sole discretion.
Who is not eligible for DROP?
DROP excludes a reading over 0.150, a crash with injury or significant property damage, a minor in the vehicle, an accompanying or pending felony or any form of supervision, a prior similar offense or prior diversion, driving without a valid license, and any commercial license holder. Each case is also reviewed individually.
Is a DROP outcome sealable?
A Tier 1 outcome, reckless driving with adjudication withheld, can often be sealed later if you otherwise qualify. A Tier 2 outcome is a reckless-driving conviction, which is not sealable. A DUI conviction itself can never be sealed in Florida, which is part of why the reduction matters.
Related: the diversion overview, the RIDR program, the DETER program, a first DUI, and the collateral consequences a conviction carries.
Remember also that DROP addresses only the criminal case: the DHSMV administrative suspension runs on its own track, with a 10 day deadline to demand a formal review hearing, and no diversion program pauses that clock. See the formal review page for that side of the fight.
Free guide No. 20
The DROP Program
DROP is two very different outcomes wearing one name, and strict timing rules decide who gets in. This guide walks through eligibility, both tiers, the deadlines, and how to decide whether to enroll or fight. One request unlocks the whole Safir Guides library.
See if you qualify
DROP is not open to everyone charged with a DUI in the Sixth Circuit, Pinellas and Pasco. On the program terms as written, any one of these will normally rule you out:
- a breath or blood reading over 0.150, with no extrapolation considered
- a crash involving injury or significant property damage
- a minor in the vehicle
- an accompanying or pending felony, or any current supervision
- a prior similar offense, or a prior diversion
- no valid driver license
- a commercial driver license
Clearing that list is not the same as being accepted. Admission rests with the State Attorney for the Sixth Circuit, and some of these turn on facts that are arguable rather than fixed, including what your reading actually was once uncertainty is accounted for. If none of the above obviously applies to you, it is worth a conversation before the application deadline passes.
From the blog: what DROP actually asks of you, and who it is closed to.
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.
