“Beat Your Wife, Get a Dismissal. Sleep in Your Car, Get Convicted”: Why DUI Diversion Finally Fixes the Glitch

By: John Guidry

Diversion programs have been available to first-time offenders for decades. As you know, these programs allow all charges to be dismissed once the program is complete—and that’s a beautiful thing.

I started defending criminal cases in 1993, and one of the crazy things about diversion back then was the double standard:

• Scenario A: A man beats up his wife. Result: Diversion & Dismissal.
• Scenario B: A man sleeps off a buzz in his car (no accident, just “Actual Physical Control”). Result: No Diversion. Convicted.

Beat your wife? Dismissed. Sleep in your car? Convicted. It defied logic. Fortunately, Orange and Osceola Counties finally fixed the glitch.

Is this your first DUI? You might be able to erase it completely.

Call John today at (407) 423-1117.

The Orange & Osceola County DUI Diversion Program

The good news is that Orange and Osceola Counties now have specialized DUI Pretrial Diversion (PTD) programs.

• The Goal: Complete the program, and the State DISMISSES the DUI charge.
• The Catch: It is harder and more expensive than regular diversion, but considering a DUI conviction stays on your record for 75 years, it is worth every penny.

Who is Eligible? You generally qualify if:

1. This is your First lifetime DUI arrest.
2. There was No Accident (driving down the wrong side of the road or almost hitting someone usually disqualifies you).
3. You have no prior felony record.

The Two Levels (Tiers):

Tier 1 (The “Low Blow”)

• Qualifier: Breathalyzer result below .15.
• Cost: ~$600 Program Fee + $500 Donation (MADD/Victim Services).
• Length: 12 Months.
• Conditions: DUI School, Victim Impact Panel, 50 Community Service Hours, random urine screens, and a 10-day Vehicle Immobilization.

Tier 2 (The “High Blow” or Refusal)

• Qualifier: Breathalyzer above .15 OR Refusal to blow.
• Cost: ~$750 Program Fee + $1,000 Donation.
• Length: 15 Months.
• The Kicker: You must install an Ignition Interlock Device (blow-and-go) in your car for 6 months.
  • Yes, it is painful and expensive, but it beats a criminal conviction.

John’s 2026 Update: Seminole County & “Trenton’s Law”

Note: In the original article, I lamented that Seminole County offered nothing. In 2026, they finally have an option, but the laws have gotten stricter.

1. Seminole County’s “FTOP” (Not a Dismissal, But Close) Seminole County finally launched the First Time Offender Program (FTOP).

• The Difference: Unlike Orange/Osceola, this program does NOT result in a dismissal.
• The Deal: If you complete FTOP, the State reduces the DUI to Reckless Driving and gives you a “Withhold of Adjudication.”
• Why it’s Good: A “Withhold” means you are not convicted. No DUI conviction on your record, and you may be eligible to Seal the record later. It’s not perfect, but it’s a lifesaver compared to the old days.

2. “Trenton’s Law” (Refusal is Now a Crime) Effective October 1, 2025, Florida passed “Trenton’s Law.”

• The Old Rule: If you refused the breathalyzer, your license was suspended (Civil penalty).
• The 2026 Rule: A first-time Refusal is now a Second Degree Misdemeanor.
• The Danger: If you refuse the breath test today, you are arrested for Two Crimes: (1) DUI and (2) Refusal to Submit.
• The Fix: Entering Tier 2 Diversion is now doubly important because it is the only way to get both the DUI and the Criminal Refusal charge dismissed simultaneously.

3. “Actual Physical Control” (Sleep it Off?) With rideshare apps (Uber/Lyft) costing $15, the “Sleep in your car” defense is harder to sell to prosecutors in 2026.

• My Advice: If you are drunk, do not get in the car. Do not turn it on for AC. Do not sit in the passenger seat. Stand on the curb and wait for the Uber. If you are inside the car with the keys, you are guilty of DUI, even if you are sleeping.

Don’t Let One Mistake Ruin Your Future

Orange and Osceola Counties have taken the lead with these innovative programs. If you are eligible, you should take it. The money you save on insurance premiums alone will pay for the diversion fees.

Call me at (407) 423-1117. Let’s get you into the program.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.