DROP in Pinellas and Pasco: Frequently Asked Questions About the DUI Rehabilitation of Offenders Program

After a first DUI arrest in St. Petersburg, Clearwater, Largo, New Port Richey or Dade City, many people hear about a program called DROP. It is run by the State Attorney’s Office for the Sixth Judicial Circuit, which covers both Pinellas and Pasco counties. DROP can offer a potential reduction from DUI to reckless driving, which may be negotiated by an experienced attorney. It is not automatic, it does not dismiss the case, and eligibility is at the State Attorney’s sole discretion.

As of this writing in 2026, the State Attorney’s Office for the 6th Judicial Circuit provides the following information about DROP on its DROP program page and in the program information sheet, flyer and forms posted there. We summarize it below in our own words. All of it is subject to change, so check the State Attorney’s Office’s current official information before relying on any detail.

Attorney Ron Frey has been practicing law for over two decades and represents clients in Pinellas and Pasco courts. (For other diversion options in the circuit, see our post on Pinellas pretrial intervention.)

What DROP Is

DROP stands for the DUI Rehabilitation of Offenders Program. The State Attorney’s Office (SAO) describes it as a voluntary, supervised diversion program for first-time misdemeanor DUI and BUI (boating under the influence) cases. A person completes certain DUI sanctions before the case is resolved. If they are completed within the time set in the DROP contract, the SAO says it will amend the DUI charge to reckless driving and recommend a disposition. Any recommended sanction and disposition is subject to the court’s approval.

Who May Be Eligible, and What Is Generally Excluded

According to the SAO’s DROP page and information sheet (subject to change), a case is generally excluded if any of the following applies:

• A breath or blood result over .150. The SAO says it will not use extrapolation.
• A crash with bodily injury or significant property damage, or a minor child in the vehicle.
• An accompanying leaving-the-scene charge, or an accompanying or pending felony charge.
• Any other pending charge, or current probation, parole or another form of supervision or release status.
• A prior DUI, BUI or similar offense, including one resolved through a diversion program or a reduced charge, or a prior traffic-related diversion program.
• No valid driver’s license on the date of the offense, or holding a commercial driver’s license (CDL).

The SAO says every case is evaluated on an individual, fact-specific basis, that eligibility is at the State Attorney’s sole discretion, and that it may consider factors not on the list. People with an out-of-state license must provide a complete driving record, and anyone with a prior DUI or BUI arrest must provide court records showing how that case ended.

How Someone Applies

Getting into DROP is not automatic, it is often not simple, and it is not right for everyone. According to the SAO’s DROP page and forms (subject to change), the process generally works like this:

1. Attorney Ron Frey works with the client to determine whether DROP is something they are even interested in pursuing. If, after understanding the potential benefits and having a full understanding of the case, the client wants to pursue it, Attorney Ron Frey can advocate on their behalf and negotiate with the State Attorney’s Office to try to get the SAO on board with a resolution that includes DROP, if warranted and if desired by the client.
2. The applicant completes the DROP Application and a sworn Statement of Prior Record. The statement asks for the person’s full criminal record, including juvenile, sealed and expunged cases.
3. The applicant signs a Waiver of Speedy Trial. The SAO posts one version for people with a lawyer and another for people without one, which also includes a written plea of not guilty and a waiver of consultation with an attorney.
4. The forms and a non-refundable application fee, by money order or cashier’s check, go to the SAO by mail, hand delivery or county-specific email. The SAO says the application is due at or before the case’s second pretrial hearing.
5. The SAO decides eligibility after reviewing the application.

The SAO’s information sheet adds an important timing rule: the plea resolution must be entered before any defense motions are filed, before any demand for speedy trial, and before any depositions. It says failing to follow these rules will disqualify the person from the program.

Typical Conditions

According to the SAO (subject to change), the three pre-conditions are 20 community service hours with an approved provider, which cannot be bought out; a DUI school approved by the Florida Department of Highway Safety and Motor Vehicles; and the M.A.D.D. Victim Impact Panel, the only panel the SAO accepts. The SAO says using a DUI school that is not on its list means retaking DUI school.

After the charge is amended, the SAO’s information sheet describes two tiers, each subject to the court’s approval or modification:

• Tier 1 (a result of .120 or below, and drug DUIs): a plea to reckless driving with the State recommending a withhold of adjudication, and probation of up to six months.
• Tier 2 (a result above .120 and up to .150, and breath test refusals): a plea to reckless driving with the State recommending that the person be adjudicated guilty, probation of up to nine months, and a state-approved driver improvement course.

For both tiers, the sheet lists probation conditions that include fines, costs and fees; 50 total community service hours, with the 20 already completed credited; a 10-day vehicle immobilization; no alcohol, illegal drugs or non-prescribed drugs; staying out of bars and similar establishments; and random alcohol and drug testing at the person’s expense. Treatment may be required if recommended, and the flyer notes that restitution may be ordered.

What Happens on Completion, and on Failure

DROP does not end with the charge being dropped. When the pre-conditions are completed on time, the SAO says it will amend the DUI to reckless driving and make the tier-based recommendation above. The sheet says Tier 1 cases that complete probation with a withhold will not receive points on the person’s license. Tier 2 involves an adjudication, which can have different long-term effects. How a withhold or adjudication may affect a record is a separate question, discussed on our first-time offenders page.

The SAO says breaking the timing rules disqualifies a person from DROP. Its sheet also warns that a person who does not complete probation could face a probation violation. The SAO’s materials do not spell out what happens if the pre-conditions are not finished on time. In general, the DUI case would continue through the regular court process.

How Attorney Ron Frey Can Help

DROP is at the State Attorney’s discretion, and no lawyer can promise acceptance. What an experienced attorney can do is help make sure the prosecutor sees the full picture. Attorney Ron Frey can:

• Review eligibility. Look at the charge, the test result or refusal, any crash or passenger issues, the license and record history, and any pending matters, all of which can affect whether DROP is available and which tier applies.
• Present mitigation. Show the person behind the charge, such as work history, family responsibilities, and steps already taken.
• Advocate and negotiate. If the client wants to pursue DROP, negotiate with the assigned Assistant State Attorney to try to get the SAO on board.
• Watch the timing. Keep track of the second-pretrial deadline and the rule that DROP must come before defense motions, a speedy trial demand or depositions.
• Weigh the alternatives. Because DROP limits motions and depositions, it can mean giving up chances to test the State’s evidence. If the evidence has real problems, such as a questionable stop or test, contesting the case may be the better route.

Why Talk With a Lawyer First

Applying for DROP involves a sworn statement of your full record, a waiver of speedy trial and, for people without a lawyer, a written waiver of consultation with an attorney. It also limits defense motions and depositions. Those are significant steps to take before you understand your case and your license situation. Every case is different. A lawyer can help you decide whether DROP, another option, or a defense on the merits fits the facts. (See our Pinellas County criminal defense page.)

If you or a friend or family member faces any stop, search, seizure, inquiry, investigation, arrest or target letter, contact a lawyer.

Pinellas and Pasco DROP FAQ

What does DROP stand for?

The DUI Rehabilitation of Offenders Program, a program of the State Attorney’s Office for the 6th Judicial Circuit for certain first-time misdemeanor DUI and BUI cases.

Is DROP available in Pasco County too?

Yes. The Sixth Judicial Circuit covers Pinellas and Pasco, and the SAO’s DROP page lists DUI schools, community service partners and contacts for both counties.

Does DROP get my DUI dismissed?

No. According to the SAO, the charge is amended to reckless driving, with a recommended withhold of adjudication in Tier 1 and an adjudication of guilt in Tier 2, subject to the court’s approval.

When do I have to apply for DROP?

The SAO says at or before your case’s second pretrial hearing, and the plea must come before any defense motions, speedy trial demand or depositions.

What if I refused the breath test?

The SAO’s page says a refusal does not by itself rule a person out, and its information sheet places breath test refusals in Tier 2.

Can I apply for DROP without a lawyer?

The SAO posts a form for unrepresented applicants, but it includes a written waiver of consultation with an attorney. It is wise to talk with a lawyer before signing it.

Can I do my community service hours outside Pinellas or Pasco?

The SAO says people who live in another county or state may ask to complete the hours at an equivalent location there. The hours cannot be bought out.

What if I start DROP and can’t finish?

The SAO’s materials do not spell it out for the pre-conditions. In general, the DUI case would continue through the regular court process.

Facing a DUI in Pinellas or Pasco? Let’s Talk.

If you or a friend or family member would like to speak with an experienced criminal defense lawyer about DROP or other options in a Pinellas or Pasco DUI case, contact Attorney Ron Frey of The Frey Law Firm, LLC.

Call or text (813) 775-2276 for a free, confidential initial consultation by phone, video or in person.

This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.

The program information above reflects what the State Attorney’s Office for the 6th Judicial Circuit published as of this writing in 2026. It is subject to change, and tiers, time frames and requirements may be different today. Check the State Attorney’s Office’s current official information. Acceptance into DROP is at the State Attorney’s discretion and is never assured. Every situation must be evaluated case by case. Please don’t rely on this post, on any other information online, or on AI to make decisions about your situation. Talk with a lawyer.