Entry of a deferred prosecution is an option available under Washington law for those charged with DUI and offenses where the alleged conduct was caused by alcoholism, drug use, or mental conditions. Deferred prosecution is one of the most misunderstood options in Washington DUI law. Entering a deferred prosecution without a clear understanding of the what is at stake can land you in jail. Contact an experienced Washington attorney to get the facts before you make any decisions regarding deferred prosecution.

A deferred prosecution allows an eligible person accused of a crime such as DUI to avoid jail and often license suspension by completing treatment and living by a number of strict conditions imposed by the court. Deferred prosecutions are attractive to many people accused of DUI because a deferred prosecution can potentially keep you out of jail.

Eligibility:

A person is eligible for a alcohol-related deferred prosecution when he/she:

• Has never had another deferred prosecution in Washington or any other state;
• Has an alcohol problem (alcoholic);
• Admits he/she is an alcoholic;
• Enrolls and successfully starts in state-approved alcohol treatment;
• Pays for or arranges payment for treatment;
• Does not believe he/she is innocent of the crime charged;
• Believes that without treatment, the probability of re-offending is great;
• Gives up his/her right to a jury trial and agrees to the sufficiency of the police reports;
• Agrees to complete treatment;
• Agrees to court-supervised probation for five years;
• Agrees to at least one-year of ignition interlock.

Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an experienced DUI attorney before making assumptions about your case.

Consequences:

If completed successfully, a deferred prosecution can help a person with an alcohol problem avoid jail, recover, and move on with his or her life.

On the other hand, a deferred entered without a sincere desire to seek treatment can be disastrous. Violating any of the courts conditions can land you in jail for a year without a trial.

Do not make the mistake of entering a deferred prosecution without first speaking to a qualified Washington DUI attorney. Call 425-280-8906 for a free consultation.