DUI Deferred Prosecution
A deferred prosecution is essentially an agreement between the defendant and the Court. A deferred prosecution is governed by Revised Code of Washington 10.05. It states, in part, that if an individual who is charged with a crime (not limited to DUI but this is the most common application of the deferred prosecution) has an alcohol or drug problem, or mental illness, which contributed to the crime charged, that under certain conditions, the court will stay many of the penalties associated with conviction, namely jail and license suspension.
Not all drivers will be eligible for a deferred prosecution. The law requires that the defendant must have a significant problem requiring two years of alcohol treatment and must have an evaluation from a state-certified agency. This must be approved by the court prior to petitioning the court for a deferred prosecution.
The deferred prosecution is a five-year program. It consists of 2 years of treatment, outlined by the treatment provider, which must be consistent with the statutory requirements, and an additional 3 years of probation (probation is for the entire 5 years). Each court treats probation a little differently. Generally, after the two-year treatment program is completed, the probation is generally lessened. However, the court still retains jurisdiction for five years. This means that if there is a violation of the terms of the deferred prosecution, the court may revoke the deferred prosecution and find you guilty simply by reading the police reports. If the defendant is in compliance for five years then the court will dismiss the charges and it will not appear as a conviction on your record.
If a deferred prosecution is granted by the court, the jail time is suspended as well as both the courts suspension and DOL suspension of your drivers license. However, on a refusal of the BAC as described above, the DOL will still go forward with their administrative action and a hearing will take place. If you have been charged with driving under the influence (DUI)/DWI or drunk driving, call Mick today at (206) 228-5767 for a free consultation from an experienced, aggressive, and affordable Seattle, Tacoma, and Western Washington criminal defense (DUI)/DWI or drunk driving lawyer for more information regarding administrative hearings, driving under the influence (DUI)/DWI or drunk driving laws, and the criminal and administrative process. Also, call today at (206) 228-5767 for a free consultation from an experienced, aggressive, and affordable Seattle, Tacoma, and Western Washington area criminal defense lawyer for further information on the deferred prosecution and the criminal law process.
