D.R.O.P. in Pinellas County: The DUI Diversion Program Explained

What D.R.O.P. is

The State Attorney’s Office describes D.R.O.P. as a supervised program for first-time, misdemeanor DUI and BUI (boating under the influence) offenders. It is voluntary. The office says the State Attorney instituted the program, so its rules are the ones the office publishes, and they can change. The details below come from the State Attorney’s D.R.O.P. page and the program information sheet linked from it, as they read on October 8, 2026.

D.R.O.P. is a form of diversion, but it works differently from programs that end in a dismissal. The DUI charge is replaced with a reckless driving charge, and the person pleads guilty to that.

Who can be considered

The office’s page says a defendant can be eligible if all of the following are true:

• the breath or blood result was not over 0.150, or the person refused to give a breath, blood, or urine sample;
• there was no crash with bodily injury or significant property damage;
• there were no minor children in the vehicle;
• the DUI or BUI charge does not come with a charge of leaving the scene of a crash, or with a felony charge;
• the person has no pending charges and is not on any form of supervision or release status, such as probation or parole;
• the person has no prior conviction for DUI, BUI, or a similar offense, including one resolved through a diversion program or a reduced charge;
• the person had a valid driver license on the date of the offense; and
• the person does not hold a commercial driver license (CDL).

How to apply

The application is due at or before the second pretrial hearing in the case. The office asks for:

1. the D.R.O.P. application;
2. a statement of prior record;
3. a waiver of speedy trial (for a person without a lawyer, a combined written plea of not guilty and waiver of speedy trial); and
4. a $50 money order or cashier’s check payable to the State of Florida. The fee is not refunded.

A person who held a driver license from another state on the date of the offense must also provide a complete driving record. A person with a prior DUI or BUI arrest must provide court documents showing how that case ended. The forms are on the State Attorney’s page.

What has to be completed first

Before the charge is amended, the participant must complete three conditions within the time stated in the D.R.O.P. contract:

• 20 hours of community service with a provider on the office’s approved list. The office says these hours cannot be bought out.
• DUI school at a program approved by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and listed by the office. The page warns that a participant who uses a school that is not on the list will have to retake the course.
• The M.A.D.D. Victim Impact Panel. The office says this is the only victim impact panel it accepts.

How the case ends

If the conditions are completed on time, the State amends the charge to reckless driving under section 316.192, Florida Statutes and recommends a disposition that depends on a tier. The office’s information sheet sets out two tiers, and says both are subject to approval or modification by the court.

	Tier 1	Tier 2
Who	Alcohol level of 0.120 or below, and drug DUIs	Alcohol level above 0.120 and at or below 0.150, and breath test refusals
Plea	Guilty to reckless driving	Guilty to reckless driving
State’s recommendation on adjudication	Adjudication withheld	Adjudicated guilty
Probation	Up to 6 months	Up to 9 months
Fine	$100, plus costs of prosecution and supervision, a lab fee, and court costs	$250, plus costs of prosecution and supervision, a lab fee, and court costs
Community service	50 hours in total (the first 20 count)	50 hours in total (the first 20 count)
Vehicle	10-day immobilization	10-day immobilization
Also	—	A driver improvement course approved by FLHSMV

In both tiers the probation conditions listed by the office include any substance abuse treatment recommended after DUI school, no alcohol, illegal drugs, or non-prescribed drugs, staying out of bars and similar places, and random alcohol and drug testing at the participant’s expense. The office’s flyer adds that restitution may be ordered.

The plea must be entered before any defense motion or demand for speedy trial is filed and before any depositions are taken. The information sheet says that not following this rule disqualifies the case from the program.

What D.R.O.P. does not do

• It does not dismiss the case. The result is a guilty plea to reckless driving. In Tier 2 the State recommends an adjudication of guilt, which is a conviction for reckless driving.
• It does not decide the license suspension. The administrative suspension that follows a DUI arrest is handled by FLHSMV under section 322.2615, Florida Statutes, on a separate track with a 10-day deadline. See the 10-day rule after a Florida DUI arrest.
• It does not bind the judge. The office’s materials say every recommended sanction and disposition is subject to the court’s approval or modification.

For Tier 1, the information sheet says that a person who completes probation with adjudication withheld receives no points against their license. It also says that a person who does not complete probation could be adjudicated guilty of a probation violation, which carries up to 90 days in jail and a fine of up to $500. Those figures match the maximums for a first reckless driving conviction in section 316.192.

Common questions

Is D.R.O.P. available in St. Petersburg, Clearwater, and the rest of Pinellas County?

Yes. It is a program of the State Attorney for the Sixth Judicial Circuit, so it covers DUI and BUI cases prosecuted in Pinellas and Pasco counties. The office lists a separate contact for Pinellas County cases on its page.

Can someone who refused the breath test apply?

The published criteria include a person who refused to give a breath, blood, or urine sample. Refusal cases are placed in Tier 2.

Does a prior reckless driving reduction count as a prior?

The page excludes a person with a prior conviction for DUI, BUI, or a similar offense, “including those that were resolved by diversion program or a reduced charge.” The office decides how that applies to a particular record.

Who decides whether a case is accepted?

The State Attorney’s Office, after an application is submitted. Acceptance is not automatic for cases that meet the criteria.

Does it matter when the arrest happened?

The office’s flyer refers to arrests on or after June 1, 2021.

When to speak with an attorney

The application deadline is early in the case, the plea has to be entered before motions or depositions, and applying includes waiving speedy trial. Those are decisions with consequences for the rest of the case, so many people talk to a licensed Florida attorney before applying. A person who cannot afford a lawyer can ask the court to appoint the public defender. More guides are on the DUI and Traffic Crimes topic page and the Pinellas County topic page.