The “Get Out of Jail” Card: How DUI Diversion Can Erase Your Mistake

By: John Guidry

If you’ve been charged with a DUI, the DUI Diversion Program in Orlando offers a rare second chance to avoid a permanent criminal record.

• The Concept: It is a contract with the State Attorney. You jump through their hoops, and in exchange, they dismiss the charge.
• The Result: Once dismissed, you can (usually) expunge the arrest, making it like it never happened.

How It Works: The program operates like probation on steroids. It is stricter and more expensive than regular probation, but the payoff—No Conviction—is worth it.

Is this your first DUI?

You might be eligible to wipe the slate clean. Call John today at (407) 423-1117.

The Two Tiers: Are You Level 1 or Level 2?

Not all DUIs are treated equally. The program is split into two “Tiers” based on your Breath Alcohol Level (BAL) or refusal to blow.

Tier 1: The “Low Blow” (< .15 BAL)

• Eligibility: Breath results under 0.15.
• Length: 12 Months.
• Key Penalty: 10-day vehicle impoundment (or immobilization).
• Cost: ~$500 “Donation” to charity + Program Fees.

Tier 2: The “High Blow” or Refusal (≥ .15 BAL or Refusal)

• Eligibility: Breath results 0.15 to 0.22, OR you refused the breath test.
• Length: 15 Months.
• Key Penalty: 6-Month Ignition Interlock Device (Mandatory).
• Cost: ~$1,000 “Donation” to charity + Higher Program Fees.

The “Price of Admission” (Requirements)

If you get in, get ready to work. The State Attorney does not give these dismissals away for free.

1. Community Service: Minimum 50 hours (Tier 1) or more. You usually cannot buy these out; you have to do the work.
2. DUI School: Level 1 Course + any recommended counseling.
3. Victim Impact Panel: A 4-hour MADD class where you hear from victims of drunk driving.
4. Random Testing: You will be tested for alcohol and drugs. Zero tolerance. (Yes, that means no celebratory beer at a BBQ).
5. The “Donation”: You must write a check to a local charity (often MADD or Victim Service Center).

The “Deal Breakers”: Who Gets Rejected?

Admission is not automatic. The State Attorney will reject your application if any of these “Aggravating Factors” exist:

• The Crash: If you hit anything (another car, a mailbox, a curb that popped your tire), you are generally disqualified.
• The Kids: If a minor was in the car, you are out.
• The Record: If you have any prior alcohol offenses or have used a diversion program before (even for something minor like shoplifting), you are ineligible.
• The Super High Blow: If you blew above a 0.22, they usually won’t let you in.

John’s 2026 Update: The “App” Trap & Smart Interlocks

Note: In the past, you reported to a human in an office. In 2026, you report to an algorithm.

1. The “GPS” Probation App In 2026, most diversion supervision is done via Smartphone App.

• The Convenience: You check in by taking a selfie on the app.
• The Trap: The app captures your GPS Location and metadata. If you claim you are at “Community Service” but the GPS puts you at a sports bar, the app automatically flags a violation. We see people get kicked out of the program for lying to the app.

2. The “Smart” Interlock (Tier 2) For Tier 2 participants, the Ignition Interlock is mandatory.

• The 2026 Tech: The new devices have Facial Recognition. You cannot have a sober friend blow for you. If the camera sees a different face, it locks the car and sends a photo to the State Attorney.
• The Cost: These “Smart” devices have higher monthly rental fees, often pushing $100+/month.

3. “Teen Court” Haunts You The State Attorney’s database now links to juvenile records instantly.

• The Reality: If you did “Teen Court” for stealing a candy bar when you were 14, the computer will flag it as a “Prior Diversion,” and you will be denied entry for your DUI. We have to fight hard to argue that juvenile mistakes shouldn’t count, but the automated system is rigid.

One Shot at Freedom

You only get one chance at Diversion in your lifetime. If you are eligible, do not mess it up.

Call me at (407) 423-1117. Let’s see if you qualify.

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.