Judicial Attitudes toward Drug Abuse and Alcohol Abuse: Florida

By Millie Anne Cavanaugh, Esq

Attitudes toward drug and alcohol addiction have evolved over the years in society as a whole. While addicts and users used to be seen strictly as criminals, education and outreach programs have taught us that addiction is a disease. The treatment of addicts and alcoholics in state courts has also evolved over time. Florida has lead the way in this regard, establishing the first Drug Court and, more recently, applying the Drug Court model to habitual driving under the influence (DUI) offenders. Drug crimes are the most common type of case coming before Florida’s criminal judges today. Further, roughly 60% of those arrested are either under the influence of drugs or alcohol or have committed a crime to get drugs or alcohol.Drug Abuse

Florida’s drug court diversion program first came on the scene in Miami-Dade county in 1989. Judicial officers and court personnel had noticed an alarming rise in the number of drug offenders who where re-appearing in court for new drug-related crimes. It became clear that placing these criminals in jail was not helping with their underlying drug addiction issues. Instead, certain drug addicted criminals are offered the chance to successfully complete a drug treatment program to avoid a criminal conviction. Today, there are over 100 drug courts throughout Florida.

Florida’s drug court diversion program is codified in Florida State Law, section 948.08(6)(a). Drug addicts charged with purchasing a controlled substance, possessing a controlled substance, prostitution, tampering with evidence, solicitation for purchasing a controlled substance or obtaining a prescription by fraud all may be eligible for the pretrial program. Successfully completing the program means that the charges will be dropped and will not appear on the person’s criminal record. However, a small number of courts follow a post-conviction model instead.

If charged with a crime that is eligible for the diversion program, a defendant asks the court to be admitted to the program. If the district attorney agrees, the final admission decision is made by the judge. Certain prior convictions or the commission of violent crimes will make someone ineligible. Also, admission will be denied if the person is found to have been dealing or selling controlled substances.

The diversion program lasts for a minimum of one year and includes substance abuse treatment, case management, drug testing, monitoring and court appearances. The program also provides structured sanctions and incentives to participants. Certain violations will generate sanctions such as community service, probation or even jail time. Should one fail to complete the program, he or she may be offered the chance to repeat it or may be tried for the original crime.

The program itself is very structured and has three phases. In Phase I, the drug abuser enters detox in a county treatment clinic for up to two weeks to get clean. While there, they begin the group and individual counseling, 12 step meetings and drug tests that will be required throughout the program. The county also offers acupuncture to help with withdrawal symptoms. Phase II, stabilization, lasts for up to four months and focuses on helping the addict stay clean. Participants are now required to start attending court sessions. Phase III, after care, lasts up to 9 months and adds education and vocation classes to participants.

Alcohol Abuse

Florida has the third highest rate of motor vehicle fatalities due to alcohol use. However, alcoholics are treated much more harshly in criminal court than drug addicts. Once charged with a DUI, it is not likely that a person addicted to alcohol will walk away from it with treatment instead of a criminal conviction. A first DUI offense carries with it up to six months in jail, a $500 fine, six months license suspension, 10 days of loss of vehicle, 12 hours of DUI school, 1 year probation and 50 hours of community service. It is possible to get a first DUI charge reduced to either reckless driving or careless driving, a civil citation. However, the most treatment a first offense DUI defendant will be ordered to complete is 12 hours of “DUI school”. Compare this to the 12-month treatment program offered to certain drug offenders through the drug diversion program.

A few Florida counties are beginning to offer DUI Court, a program which offers probation and treatment as an alternative to serving time in jail. However, as opposed to successful participants in the drug diversion program, DUI Court participants will not have their convictions dropped after treatment. Sarasota County started its DUI Court program in 2008 and serves those who have been convicted of DUI two or more times. The phases of the program are similar to those of the drug diversion program.

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.

Tags: drug court, drug laws, DUI, Florida