DUI Diversion in Sarasota and Manatee County: The DETER Program

By Daniel D. Nawara, Sarasota criminal and DUI defense attorney. Last updated October 5, 2026.

If this is your first DUI in Sarasota, Manatee or DeSoto County, you may be able to avoid a DUI conviction through DETER, a diversion program run by the State Attorney's Office for the 12th Judicial Circuit. It is not automatic, it is not easy, and it is not right for every case. This page explains who qualifies, what it requires and what you get at the end.

The details below follow the State Attorney's published description of the program. The office can change the program, and it decides eligibility case by case.

What DETER is

DETER stands for Driver Enhanced Treatment Education Rehabilitation. It is aimed at first-time, non-aggravated DUI cases. You complete a set of requirements up front, before any plea. If you finish them, the State offers to reduce the DUI to reckless driving with a withhold of adjudication, followed by probation.

The practical difference is large. A DUI conviction in Florida is permanent, cannot be sealed, and carries a mandatory license revocation. A reckless driving charge with adjudication withheld is not a DUI conviction.

Who qualifies

According to the State Attorney's Office, the program is for a misdemeanor DUI, a first refusal, or both. You are generally not eligible if:

you hold a commercial driver license
your breath or blood alcohol level was above 0.20
there was a crash
a minor was in the vehicle
you have other criminal charges from the same incident
you have a prior DUI, alcohol-related reckless driving, DUI diversion, leaving the scene, vehicular homicide, or a driving while license suspended conviction involving serious injury or death
your Florida license was suspended at the time, or you have another pending criminal case, probation or diversion program

Even when a case fits on paper, eligibility is at the State Attorney's sole discretion.

The four levels

Level 1: alcohol level at or below 0.15
Level 2: alcohol level between 0.15 and 0.20
Level 3: drug-related DUI
Level 4: DUI with a first refusal

What you have to do before the plea

You sign up at arraignment, waive speedy trial and have roughly 60 days to finish the first phase. Everyone must:

stay arrest-free and follow all bond conditions
complete DUI school and start any recommended treatment
complete the MADD online victim impact program
not drink alcohol or use illegal or non-prescribed drugs

Levels 1, 2 and 4 also require an ignition interlock device, or continuous alcohol monitoring if you have no vehicle, plus work offender days: 2 days for Level 1, 4 for Level 2 and 7 for Level 4. Level 3 requires weekly urine testing and 4 work offender days.

What you get when you finish

If you complete the first phase, the State's offer is reckless driving with alcohol or drugs as a contributing factor, adjudication withheld, and:

12 months of probation with standard conditions
a $500 fine, court costs, and costs of prosecution and investigation
50 hours of public service work
10-day vehicle immobilization
completion of DUI school and treatment
a MADD live victim impact panel
no alcohol or drugs during probation
interlock or alcohol monitoring for 3 more months at Level 1, or 6 months at Levels 2 and 4; weekly urine testing for 6 months at Level 3

Is DETER the right choice?

Not always. Entering DETER means giving up the chance to fight the case, and you do the hard part before you get the benefit. Before signing, it is worth knowing:

How strong the State's case is. If the stop was unlawful, the breath test has problems or the video does not show impairment, you may be giving up a case you could win or get reduced with fewer conditions.
What it costs. Interlock, DUI school, treatment, monitoring, fines and probation fees add up.
Your license. DETER resolves the criminal case. The administrative suspension from the arrest is separate, and the 10-day deadline to challenge it still applies.
What happens if you do not finish. If you fail the first phase, the DUI charge goes forward.
Your record. The arrest and the reckless driving case stay on your record unless they can later be sealed. See sealing and expungement.

A lawyer should review the evidence before you commit at arraignment, because that is when the choice is made.

Frequently asked questions

Does DETER mean my DUI is dismissed?

No. The DUI is reduced to reckless driving with adjudication withheld, and you serve 12 months of probation.

Can I do DETER if I refused the breath test?

A first refusal can qualify, at Level 4, which has the heaviest requirements.

Can I do DETER if I blew over 0.15?

Yes, up to 0.20, at Level 2. Above 0.20 is listed as disqualifying.

Is DETER available in Manatee County?

Yes. The program covers Sarasota, Manatee and DeSoto counties.

Do I need a lawyer for DETER?

You are not required to have one, but the decision to enter is made early, and it should be made knowing whether the case could be beaten or reduced another way.

Will I still lose my license?

The administrative suspension from the arrest is separate from the criminal case. See formal review hearings and hardship licenses.

Talk with a lawyer before your arraignment

Nawara Law defends first-time DUI cases in Sarasota, Manatee and the surrounding counties, in and out of the DETER program. Call or text (941) 920-5514, nights and weekends too, or request a free consultation with former prosecutor Daniel D. Nawara.

Program source: State Attorney's Office, 12th Judicial Circuit, DETER program.

General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.