Level 2 RIDR
If you refused to submit to a breath, blood, or urine test or had a BAC of .15 or above, you might be eligible for Hillsborough County’s Level II RIDR program.
The criminal defense attorneys at Sammis Law Firm wrote this article to explain the requirements. Call us at 813-250-0500 to learn more.
After the DUI arrest, you have two cases pending against you. One case involves the administrative suspension imposed by the Bureau of Administrative Reviews (BAR) office at the DHSMV. The second case is the criminal case prosecuted in the courtroom. Ideally, you want to win both cases to get the full benefit of entering RIDR.
For this reason, even if you are considering entering RIDR, you still need to hire an attorney within ten (10) days of your arrest to demand a FORMAL review hearing at the Bureau of Administrative Review (BAR) at the DHSMV office. Do NOT waive your rights by seeking an immediate hardship permit (sometimes called the “waiver review hearing”) until you talk with an attorney about the pros and cons of that decision.
The main benefit of entering Level II RIDR is that your DUI will be reduced to reckless driving with a withhold of adjudication. The withhold means you might be eligible to seal the criminal history record (if you have no prior convictions).
But if you don’t also get the administrative suspension invalidated, then the driving record still shows an administrative suspension for a DUI with a BAC over .15. That notation will stay on your driving record for the next 75 years (even if you enter RIDR and seal the criminal record).
So, the best result in these cases is:
- contesting the administrative suspension during a formal review hearing with the goal of getting the suspension invalidated so that it is removed from your driving record;
- avoiding a DUI conviction by entering RIDR;
- seal the criminal history record after you have completed the RIDR conditions.
Before you decide, call us to discuss the particular facts of your case.
Reason for Level 2 RIDR in Hillsborough County
The Office of the State Attorney in the 13th Judicial Circuit for Hillsborough County, under the leadership of Andrew H. Warren, announced a DUI diversion program called Reducing Impaired Driving Recidivism for a first DUI offense. Everyone calls the program RIDR, which is pronounced “rider.”
The program was designed to reduce recidivism to promote long-term safety in the community by encouraging a person accused of a first DUI to complete enhanced sanctions that might include an ignition interlock device or an alcohol monitoring device (“SCRAM”).
The RIDR program was designed to eliminate the incentive for offenders to refuse to provide a breath sample after the DUI arrest. Level I is only available to a person who submits to the BAC test of their breath or blood and has a BAC reading below .15. If your BAC reading was over .15 or if you refused the breath test, then you might still be eligible for Level II of the RIDR program.
The SAO will evaluate all cases on an individual, fact-specific basis. An offender’s eligibility is determined at the SAO’s sole discretion and may be based on relevant factors not mentioned below.
Procedures for Entering the Level 2 RIDR Program
When you are considered for the RIDR program, the SEO will assign a sanction level to eligible cases. The Level 2 program is required for a BAC above .15 or a refusal to submit to testing.
At the arraignment on the DUI charge, your attorney will waive your right to a waive speedy trial and set the case for disposition approximately sixty (60) days out. During that sixty (60) day period, your attorney will provide proof that you completed the Pre-Plea Sanctions to the State Attorney’s Office.
The SAO will give you credit for any sanctions already completed at the time of sentencing.
At the disposition set in sixty (60) days, the State Attorney’s Office will be prepared to reduce the case from DUI to reckless driving if all pre-plea sanctions have been completed and eligibility has been determined. In these cases, the person can accept the plea offer with the RIDR sanctions and be sentenced as part of the RIDR program.
Factors that Make You NOT Eligible for Level II RIDR
Even if the misdemeanor DUI arrest occurred on or after March 1, 2018, the SAO has announced certain factors that would disqualify a person from participating in RIDR, including:
- the presence of aggravating factors, including:
- DUI with a minor child being a passenger in the vehicle;
- DUI with a BAC that was .20 or higher;
- a crash occurred, causing property damage to another;
- the prior criminal history record shows a prior record for:
- DUI or any alcohol-related reckless driving;
- DWLS with serious bodily injury or death;
- leaving the scene of an accident with injury or death;
- vehicular homicide
- prior participation in a DUI diversion program or more than one non-DUI diversion program as an adult or, in the five years before the date of the offense;
- adjudication, a withhold, or any portion of a sentence on a felony;
- any pending case for:
- Florida driver license suspension;
- DUI;
- DWLS with serious bodily injury or death;
- leaving the scene of an accident with injury or death;
- vehicular homicide; or
- participation in Pre-Trial Intervention (PTI) or probation.
Pre-Plea Sanctions for Level II RIDR
If you are eligible for RIDR, you must complete pre-plea sanctions within the allotted time, including:
- remaining crime-free;
- completing Level I DUI School, including the evaluation and any recommended follow-up treatment;
- attending the MADD Victim Impact Panel; and
- completing at least (10) ten community service hours.
For Level 2, you must also submit proof of installation of the ignition interlock device (IID), the alcohol monitoring device, or the continuous alcohol monitoring device, e.g. SCRAM.
Level 2 RIDR Plea Offer Terms
After completing the Pre-Plea Sanctions, the prosecutor with the State Attorney’s Office will offer a plea of reckless driving with the following terms:
- withhold of adjudication;
- twelve (12) months probation to complete the following special conditions:
- pay the standard court costs;
- show proof of the ten (10) day vehicle immobilization;
- do not possess or consume alcohol, illegal drugs, or non-prescribed drugs while on probation;
- complete DUI school and any recommended follow-up treatment;
- complete seventy-five (75) community service hours; and
- show proof that for six (6) months either:
- the ignition interlock device was installed; or
- a continuous alcohol monitoring device was installed.
RIDR Level 2 Sanctions Checklist
RIDR PROGRAM – LEVEL #2 SANCTIONS CHECKLIST
- DUI School/Recommended Treatment –
- DUI Counterattack
- http://www.duicounterattack.org
- 813-875-6201 (Tampa)
- 813-875-6201 (Brandon)
- https://www.flhsmv.gov/driver-license-id-cards/educationcourses/dui-and-iid/licensed-dui-programs-florida
- Victim Impact Panel – One Session
- https://www.maddvip.org/
- MADD: 813-273-6233, ext.7296
- Alcohol Monitoring – Ignition Interlock
- Ignition Interlock Alcohol Monitoring –
- Alcolock/Interlock Systems of Florida: 1-866-837-8646
- www.alcolockusa.com/Florida –
- Noatiowide Interlock/Draeger: 1-866-694-6099
- www.nationalwideinterlock.com
- Guardian Interlock: 1-800-499-0994
- www.guardianinterlock.com
- Intoxalock: 1-877-777-5020
- www.intoxalock.com/florida
- Smart Start: 1-800-880-3394
- www.smartstartinc.com
- Alcolock/Interlock Systems of Florida: 1-866-837-8646
- SCRAM Alcohol Monitoring Device
- Roche Monitoring: 813-490-1427
- http://www.rochemonitoringservices.com
- Tampa Bay Monitoring: 727-535-6506
- www.tampabaymonitoring.com
- Roche Monitoring: 813-490-1427
- Ten (10) Community Service Hours
- Provide a letter written on the company/agency letterhead, signed by the person supervising, which list the date and number of hours of service completed on that date.
- Ignition Interlock Alcohol Monitoring –
Attorney for the Level 2 RIDR DUI Program in Hillsborough County, FL
If you were arrested for a DUI in Hillsborough County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. Our DUI defense attorneys have offices in downtown Tampa, FL, at 1005 N. Marion Street.
We represent clients charged with DUI and other driving offenses throughout Hillsborough County.
The Level II DUI RIDR program is for the following types of cases:
- a DUI with a breath or blood-alcohol-concentration (BAC) of .15 or above (but below .20); or
- a DUI with a refusal to submit to a breath, blood, or urine test.
We can help you understand the pros and cons of entering the Level 2 RIDR program. Find out more about the factors that might make you ineligible to participate, the pre-plea sanctions, and the terms for the sentencing hearing.
Our DUI defense attorneys in Tampa, FL, can also help you contest the administrative suspension of your driver’s license by demanding a formal review hearing. Contesting the administrative suspension is the only way to remove a DUI notation from your driving record.
Before you decide, call us at 813-250-0500.
This article was last updated on Monday, June 17, 2024.
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