Washington: Deferred prosecution

WA DUI Attorney

The Deferred Prosecution program is available to anyone charged in Washington with misdemeanors or gross misdemeanors. The program is described in RCW Chapter 10.05. A defendant can avoid a conviction and the associated penalties by successfully completing this program. Under oath, the defendant must state that the crime was the result of alcohol or drug use or mental issues. If not treated, the likelihood of recurrence of the offense is high. Washington does not allow for deferred prosecution more than once in a life.

RCW 10.05.150 outlines the minimum treatment that is required to comply with this program. The treatment is expensive and intensive, and lasts for two years. These strict treatment requirements are not required for those admitted to the program.

When a defendant is accused of DUI, deferred prosecution is often used. Deferred prosecution can be an attractive option to serving the mandatory minimum sentence of 120 days in jail and 120 days house arrest for DUI.

A DUI case can be deferred prosecuted for up to 5 years. The ignition interlock requirement is either one year, five years, or ten years depending on your criminal record.

Violations of the program’s strict terms could result in severe penalties over the course of the five-year period. You can be removed from the program and convicted of the original offense. If you violate your deferred prosecution you could also be sentenced to jail for a term that may exceed the mandatory minimums. Common reasons you might be revoked from deferred prosecution include failure to comply with treatment or conviction for a similar offense during the program.

Deferred prosecution can be a hard decision that will impact you for many years. To make the right decision in your case, consult an attorney who is familiar with WA Deferred Prosecutions.