Back on Track Miami Diversion Program Changes

The Miami-Dade State Attorney's Office met with Mothers Against Drunk Driving representatives recently to discuss the Back on Track Program, a DUI diversion program for first offenders in Miami. As usually happens when political forces are brought to bear, the MADD Mothers got their way and forced prosecutors to beef up the conditions of the program.

Program participants in Tier One (under .15 BAC) will be required to install an ignition interlock device on their car for 90 days. Tier Two participants will be required to install the device for 180 days.

The program was designed to focus on first time DUI offenders, with no aggravating circumstances surrounding their cases, such as minors in the car, accidents or very high breath/blood test results. It's creation followed the path of successful programs Alachua County (Gainesville) and Orange County (Orlando), the focus of which was to educate first-time offenders, sting their pocketbooks, but not saddle them with a DUI conviction for life—all very reasonable pursuits.

Enter MADD, who tried to force additional program conditions that demonize first offenders. First, they proposed adding a SCRAM alcohol monitoring bracelet for defined time periods. Then they tried adding a "no drink order" during the entire period of program participation, 6-12 months.

Zero tolerance has long been the goal of MADD, starting from the time when they changed their slogan from "Don't Drive Drunk" to "Don't Drink and Drive."

"We believe the best practice is not to drink and drive and that means zero. If that's neo-prohibitionist, then we are." – Chuck Hurley, Former MADD CEO.

"MADD's stance is that ONE drink is too many." – Kelly Larkin, Executive Director of MADD Southern Arizona.

"While a lot of attention is paid to the serious problem of the repeat offender we don't want to overlook the casual drinker." – Karolyn Nunnalee, Former MADD President in USA TODAY.

MADD has pushed for Ignition Interlock Devices for all people convicted of DUI and, at last count, has been successful in doing so in 20 states, most recently Maine and Tennessee. In Florida, the IID is required after a first DUI conviction, if the BrAC is .15 or greater or a minor is in the car.

Fortunately, reasonable minds prevailed at the Miami-Dade State Attorney's Office.