The Palm Beach County DUI diversion program lets eligible first time offenders plead guilty to reckless driving instead of DUI. Its official name is the Palm Beach County 1st Time DUI Offender Program. The State Attorney’s Office for the 15th Judicial Circuit runs it. To earn the reduced plea, you must finish four preconditions within two months and stay crime free.
Those four requirements are 20 community service hours, DUI school, a Victim Impact Panel, and an ignition interlock device. After the plea, you serve 12 months of probation under Tier 1, Tier 2, or Tier 3 conditions. This guide follows the 2026 program terms published by State Attorney Alexcia Cox’s office. Boca Bay DUI Program Inc. explains each step so you know what to expect.
How the Palm Beach County DUI Diversion Program Works
The program began in 2013. It gives first time offenders a way to avoid a DUI conviction while still facing strict conditions. The State Attorney’s DUI filing unit reviews each case and decides who gets in.
If you are approved and finish the four preconditions, the State offers this outcome at your next court date:
- You plead guilty to reckless driving, and the judge withholds adjudication.
- The State files a nolle prosequi on the DUI charge, which means it drops that charge.
- You serve 12 months of probation with conditions set by your tier.
- You receive no points on your license if you complete probation.
Timing is strict. The plea must be entered at the arraignment stage at one of the satellite courthouses: Gun Club, North County, South County, or Belle Glade. It must come before any defense motions, discovery demands, or jury trial demands are filed. Filing those can disqualify you.
No one is entitled to the program. Approval is at the sole discretion of the State Attorney’s Office.
Who Is Eligible for the Program
The program is built for a first DUI with no aggravating facts. The State Attorney lists the cases it will not accept.
| Disqualifying factor | What it means |
|---|---|
| Breath sample over 0.200 | A very high BAC removes you from the program |
| Any accident | Crash cases are excluded, even with no injuries |
| Minor children or animals in the vehicle | A passenger under 18 or a pet disqualifies the case |
| Prior similar offense | Any earlier DUI or similar charge |
| Prior formal diversion | Earlier adult diversion programs count. Juvenile diversion does not |
| Prior prison sentence | Applies to any past prison term |
| No valid driver license at the time | You must have been validly licensed when arrested |
| Additional charges | A second count disqualifies you, except a first refusal or a refusal to sign the citation |
| Accompanying felony charges | Any felony filed with the DUI |
These are guidelines, not guarantees. The filing unit reviews every case on its own facts and may weigh factors that are not on the list.
If your case does not qualify, you face the standard court process. Our overview of DUI penalties in West Palm Beach explains what a conviction brings in this county.
The 4 Requirements of the Palm Beach County DUI Diversion Program
Once the filing unit approves you, the clock starts. You have two months to finish all four preconditions and stay crime free. You bring proof of each one to your next court date.
| Requirement | What you must show |
|---|---|
| 1. Community service | 20 hours at an approved organization |
| 2. DUI school | Proof of completion from a Florida licensed DUI program |
| 3. Victim Impact Panel | Proof that you attended one session |
| 4. Ignition interlock | Proof that the device is installed in your vehicle |
Completed conditions are credited toward your probation. The one exception is interlock time served before the plea date.
1. Complete 20 Community Service Hours
You must perform the hours at an organization on the State Attorney’s approved list. The list includes houses of worship, public schools, the American Red Cross, Habitat for Humanity, Goodwill, and county animal care.
- Proof must be on the organization’s letterhead.
- The supervisor must sign it and list the dates and times.
- You cannot be paid for the hours.
- You cannot buy hours or trade a donation for them.
Hours at a location that is not approved can cost you your place in the program.
2. Complete DUI School
You must complete a Florida licensed DUI program and bring proof to court. First time offenders take the Level I course. It includes a private evaluation and 12 hours of class. Our guide to the Level 1 DUI course explains the schedule.
The evaluation matters as much as the class. The evaluator decides whether you need treatment, and every tier requires you to finish any treatment the DUI school recommends.
Two months is a short window. Enroll early so your DUI school certificate is in hand before court.
3. Attend a Victim Impact Panel
You must attend one session of the Victim Impact Panel run by Mothers Against Drunk Driving (MADD). People harmed by impaired drivers speak about what happened to them.
The State Attorney’s information sheet lists a $50 money order payable to MADD, a photo ID, and a copy of your diversion agreement. You may not drink or use drugs before attending. Session dates and locations change, so confirm them with MADD before you go.
4. Install an Ignition Interlock Device
You must install an ignition interlock device from a state approved vendor and bring proof of installation. The device tests your breath before the engine will start. You pay for installation and monthly monitoring.
This step surprises many people because Florida does not usually require an interlock for a standard first conviction. Palm Beach County makes it a condition of diversion. Our article on the role of ignition interlock devices after a DUI explains how monitoring and violations work.
Tier 1, Tier 2, and Tier 3: Your Probation Conditions
After the plea, you serve 12 months of probation. The 2026 terms list three tiers. Your breath result, or your refusal to give one, decides which tier applies. Early termination of probation is not allowed in any tier.
| Condition | Tier 1 | Tier 2 | Tier 3 |
|---|---|---|---|
| Who it covers | BAC below 0.150 | BAC from 0.150 to 0.200 | Breath test refusals |
| Fine | $250 plus court costs | $250 plus court costs | $500 plus court costs, paid within 6 months |
| Donation to Palm Beach County Victim Services | None | $250 | None |
| Community service | 50 hours | 75 hours | 75 hours |
| Alcohol monitoring | Ignition interlock for 3 months | Ignition interlock for 6 months | 6 months of ignition interlock or a SCRAM ankle monitor |
| Vehicle immobilization | 10 days | 10 days | 10 days |
| Probation length | 12 months | 12 months | 12 months |
Every tier also includes these conditions:
- Proof that you completed DUI school
- Completion of any treatment the DUI school recommends
- Proof that you completed the Victim Impact Panel
- No possession or use of alcohol, illegal drugs, or drugs not prescribed to you
- Random alcohol and drug testing at your own expense
Tier 3 reflects a recent change in state law. Since October 1, 2025, a first refusal of a lawful breath or urine test is a crime in Florida. Tier 3 participants also plead guilty to refusal to submit to testing, and the State decides case by case whether adjudication is withheld on that count. Our article on Florida breath test refusal explains the law.
What Happens If You Violate Probation
A violation can bring up to 90 days in jail and a fine of up to $500. Common problems are a positive alcohol test, missed community service hours, and unfinished treatment. If you miss the preconditions before the plea, the State has no duty to offer the reduced charge. The DUI case then moves forward.
DUI Diversion vs a First DUI Conviction
Diversion is strict, but the long term result is very different from a conviction.
| Issue | Diversion completed | Standard first DUI conviction |
|---|---|---|
| Charge on your record | Reckless driving, adjudication withheld | DUI conviction |
| Fine | $250 to $500 plus court costs | $500 to $1,000, or $1,000 to $2,000 with a BAC of 0.15 or higher |
| Court ordered license revocation | Generally none from the reckless driving plea | 180 days to 1 year |
| Driving record | No points after successful probation | DUI conviction stays on the driving record for 75 years |
| FR-44 insurance | Generally not triggered, because the plea is not to DUI | Required, with 100/300/50 limits for at least 3 years |
| Community service | 50 or 75 hours | At least 50 hours |
| Vehicle immobilization | 10 days | 10 days |
One thing diversion does not change is the administrative suspension. FLHSMV suspends your license after the arrest, and the outcome of the criminal case does not cancel it. You still have only 10 days to request a review or apply for a hardship license.
Insurance rules can differ by company. Confirm your own filing requirement with FLHSMV and your insurer.
What to Know Before You Accept the Offer
Diversion is a good result for many drivers. It is still a guilty plea, and it has lasting effects.
- It is a one time opportunity. Prior formal diversion disqualifies you from the program in the future.
- A later arrest is treated more harshly. Florida DUI programs place drivers with a DUI amended to reckless driving in the Level II course if they are arrested again.
- You give up early defenses. The plea must come before motions and discovery, so you accept it without testing the evidence.
- The arrest record remains. Ask an attorney whether sealing is possible in your case.
- Sobriety is required for a full year. Any alcohol use during probation is a violation.
A DUI defense attorney can review the stop, the testing, and the offer before you decide. Boca Bay DUI Program Inc. provides education, not legal advice.
Step by Step: From Arrest to Completed Probation
- Protect your license within 10 days. Request an FLHSMV review or apply for a hardship license.
- Ask about eligibility. You or your attorney contact the State Attorney’s DUI filing unit.
- Receive approval and the diversion agreement. The two month window begins.
- Enroll in DUI school right away. Book your evaluation and class dates first, since they take the longest to schedule.
- Install the ignition interlock. Keep the installation certificate.
- Complete 20 community service hours. Collect the signed letter on letterhead.
- Attend the Victim Impact Panel. Keep your proof of attendance.
- Enter the plea at arraignment. Bring proof of all four preconditions.
- Complete 12 months of probation. Finish the remaining hours, monitoring, and any treatment.
Frequently Asked Questions
Does Palm Beach County have a DUI diversion program?
Yes. The State Attorney’s Office runs the Palm Beach County 1st Time DUI Offender Program. Eligible drivers plead guilty to reckless driving with adjudication withheld, and the State drops the DUI charge.
What are the 4 requirements of the Palm Beach County DUI diversion program?
You must complete 20 community service hours, DUI school, a Victim Impact Panel, and ignition interlock installation. All four are due within two months, and you must stay crime free.
Who is not eligible for DUI diversion in Palm Beach County?
Drivers with a breath sample over 0.200, a crash, a child or animal in the vehicle, a prior similar offense, prior diversion, a prior prison sentence, no valid license, or felony charges are excluded.
Can I enter the program if I refused the breath test?
Possibly. The 2026 terms place first refusals in Tier 3. It carries a $500 fine, 75 community service hours, and six months of alcohol monitoring.
Is the DUI charge dropped after diversion?
Yes, if you qualify and complete the preconditions. The State files a nolle prosequi on the DUI, and you plead guilty to reckless driving with adjudication withheld.
Which DUI school can I use for the diversion program?
The program requires a Florida licensed DUI program. The State Attorney’s sheet lists Palm Beach County schools and points to licensed programs in other counties. Confirm your choice with your attorney before you enroll.
Do I need FR-44 insurance after DUI diversion?
Generally no. Florida’s FR-44 rule applies to a guilty finding or plea on a DUI charge, and diversion ends in a reckless driving plea. Check with FLHSMV and your insurer to be sure.
Start Your DUI School Requirement With Boca Bay DUI Program Inc.
DUI school is the precondition that takes the most planning. Boca Bay DUI Program Inc. offers state approved Level I DUI classes with a private evaluation on a Friday and Saturday schedule. We give you the proof of completion you need for court.
Enroll in a DUI class today, view class schedules, or contact us at 954-449-4762.
