OFFICE OF THE PUBLIC DEFENDER 12th JUDICIAL CIRCUIT of FLORIDA LARRY L. EGER, Public Defender Serving, DeSoto, Manatee, & Sarasota Counties
Driver Enhanced Treatment Education Rehabilitation (DETER)
Driver Enhanced Treatment Education Rehabilitation (DETER)
This program is to help curb the dangers of impaired driving and reducing recidivism of repeat driving under the influence. DETER targets first time, non -aggravated DUI offenders who are offered the opportunity to have their charge reduced to a reckless driving.
There are no direct services provided to clients. Rather, the client agrees to attend the standard DUI sanctions, including DUI school and VIP (among other conditions) and in as much as these programs help an individual identify.
The client will be assigned to a Staffing level based on the following:
- Level 1 – BAC (blood alcohol level) at or below .15
- Level 2 – BAC between .15 and .20 or refusal of BAC
- Level 3 – Drug-related DUIs
At arraignment, at the earliest but sometimes at a later date, 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.
DURING THE PRE-PLEA 60 DAYS, ALL OFFENDERS MUST
- Remain crime free and stay compliant with any conditions of bond or supervised release;
- Complete DUI school and begin recommended treatment;
- Complete MADD Online Victim Impact Program; AND
- 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
Before disposition, the offender must provide proof of completion of the pre-plea sanctions to the SAO. You must complete these terms to be allowed to go forward with the program
At disposition, (also known as pleaing to the charge of DUI)if the offender has completed the pre-plea sanctions, he or she may accept the plea offer, enter a plea, and be sentenced.
Upon completion of the pre-plea sanctions, at disposition, 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.
The financial requirements to complete the DETER program are as onerous as they are for most DUI’s and include the cost of DUI school and treatment, court costs, cost of investigation, cost to immobilize their car for 10 days, and the cost of having to possibly miss work to do 50 hours of community service. Further, the cost of the ignition interlock device AND the potential cost of missing work.
- Misdemeanor DUI only.
- No aggravating factors, including but not limited to: a minor in the vehicle, BAC above .20, or a crash.
- 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.
- 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.
This program requires permission from the State Attorney’s Office at their sole discretion
The State Attorney Office may select offenders and offer this to them as part of a plea (usually at arraignment) or your attorney can request that the State Attorney office consider you for this program if you otherwise qualify.
