Deferred Prosecution

What Is Deferred Prosecution in Washington State?

If you are an alcoholic, or think you might be, and your alcoholism is the direct cause of your DUI, then you may be eligible for a special program called "Deferred Prosecution."

Deferred prosecution is a legal compromise between a person accused of DUI and the State. The accused agrees to submit to treatment for alcoholism or drug addiction. The State (or city) agrees not to prosecute for a period of five years. If the defendant successfully completes the deferred prosecution, including the two year treatment program, and does not re-offend for a period of five years, the case is dropped. However, if the person drops out of treatment or otherwise breaks the conditions of the deferred prosecution, then a "trial" will be held without a jury and without witnesses. The judge will rely on the police report and the defendant will likely be found guilty.

To obtain a deferred prosecution in Washington State, you must give up many rights, among which are:

• The right to a jury trial in the county (or city) of your arrest;
• The right to hear and question witnesses against you;
• The right to testify on your own behalf;
• The right to subpoena witnesses to testify on your behalf;
• The right to a speedy trial;
• The right to present evidence in your defense.

You must acknowledge that you are an alcoholic (or drug addict) in open court. You must have an evaluation and commitment to provide treatment from a state-certified alcohol treatment agency. Some courts require that you be enrolled in treatment before entering the deferred prosecution, while others simply demand that you commence treatment shortly after the entry of the deferred prosecution.

Deferred prosecution is not for everyone. It has advantages and drawbacks. As your DUI lawyer gets to know you and your case, he/she can help you decide whether deferred prosecution is a good option for you.

It is a myth that deferred prosecution is a "get out of jail free card" or a quick fix to a DUI. It is not. It is a chance to turn a life around. That is why it exists. Those who seek a deferred prosecution simply to stay out of trouble often times end up regretting it.

The law allows for each person to have only one deferred prosecution per lifetime. A deferred prosecution for a DUI will count as a prior DUI for sentencing purposes (see our page on DUI Punishments) when another DUI conviction is entered within a seven year period. Therefore, deferred prosecutions are to be entered into only with extreme caution. Speak with a DUI attorney before deciding that a deferred prosecution is right for you.

In order to discover if you qualify for a deferred prosecution, you will need to have an alcohol evaluation with a state-certified counselor. The person you go to for this evaluation can make a big difference. Some alcohol evaluators are more in-tune with the court system than others. Be careful to sign a release only to your attorney and not to the Department of Licensing (DOL) or the courts.

At my Seattle-based law firm, Peter J. Peaquin, Attorney at Law, I concentrate solely on Washington state DUI defense for individuals throughout the Western Washington and Puget Sound areas, including the locales of King County, Snohomish County, and Pierce County and Bellevue, Everett, Tacoma, Everett, Lynnwood, Mukilteo, Bothell, Redmond, Kirkland, Mercer Island, Issaquah, Burien, Renton, Seatac, Tukwila, Kent, Des Moines, Auburn, Federal Way, Lakewood, Puyallup, Bremerton, and Bainbridge Island, please contact us today for a free consultation.