The Eighth Judicial Circuit State Attorney’s Office which includes Alachua County has created a deferred prosecution program for people charged with certain types of criminal offenses, including DUI. A deferred prosecution is a contract between the person charged with the DUI and the State Attorney’s Office. This agreement will require that within a certain period of time, usually one year, the person charged with the DUI complete all requirements in the agreement. The requirements may include paying the cost of prosecution, community service hours, substance abuse evaluation and/or treatment. Once these requirements or sanctions are completed and proof of the completion is provided to the Assistant State Attorney in the time required, the State Attorney’s Office will reduce the DUI charge to a Reckless Driving Citation. However, if the terms of the agreement are not completed in the allotted time, the person’s DUI case would open back up and be prosecuted fully.
In order to be eligible for consideration of Deferred Prosecution, the person charged with the DUI must have no prior arrests or convictions of any sort and apply for approval by the State Attorney’s Office.