Florida DUI, Back-On-Track Diversion

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To make a long story short, in the month of June 2015 I made a stupid decision that resulted in me being arrested for DUI. Breathalyzer and field sobriety tests refused. I was offered the diversion program "Back-On-Track" and because of the refusal I would fall into the Tier 2 category where I would be in the program for a year. Technically no conviction, the case is put on hold but is still open and I would be going on record admitting to a DUI (but no conviction, admitting statement to be used if I don't comply fully with the program). Once i complete the Back-On-Track program, the DUI is dismissed, a reckless driving is entered with a withhold of adjudication, which then I can seal and put this whole mess behind me.

I have been speaking to an agency recruiter working on getting contract / per diem assignments and was told that because my case is open none of the hospitals will accept me. At the same time if I'm out of work for over a year, than I can essentially kiss my career goodbye.

Pro's of the program:

Clean slate

Con's of the program:

1 year of jumping through hoops, questionable ability of employment during.

Potentially career ending

My question is has anyone ever had success finding employment while in a diversion program?

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Specializes in PDN; Burn; Phone triage.

What have you admitted to the BON?

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Specializes in ER, Med/Surg, Telemetry, Dialysis.

Is this a diversion program through the court for the criminal charge or the BON diversion program?

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It's a diversion program for the court, not related to the BON.

I haven't reported anything to the BON

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Specializes in PDN; Burn; Phone triage.
It's a diversion program for the court, not related to the BON.

I haven't reported anything to the BON

Well, that will be a huge career ending issue if the BON ever discovers that you didn't report the DUI within whatever timeframe that they dictate you have to report it.

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Well, that will be a huge career ending issue if the BON ever discovers that you didn't report the DUI within whatever timeframe that they dictate you have to report it.

I was told that arrests do not need to be reported.

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Specializes in PDN; Burn; Phone triage.
I was told that arrests do not need to be reported.

By the BON? Or a lawyer familar with the BON? You will have to report something, eventually and if the BON puts stips on your license, you are going to run in to issues anyway. I would take the Diversion.

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Update:

well by the grace of god I found a job. Back on Track was completely successfully and received a withhold of adjudication on wreck less driving. If I report all this to the FL BON now, does anybody have any idea what to expect? Is this an automatic IPN referral with stipulations? Anybody else with experience in this situation?

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Since not many people follow up or conclude on these stories I just want to add a 2nd Update:

Hired an attorney, self reported within 30 days, FDOH Investigator stated the complaint will be closed, with no action against my license taken! Yay!

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