Deferred Prosecution in Washington State DUI Cases
A DUI in Washington can be life changing. Not only can it result in license suspension and loss of job opportunities, but it can also mean you have a permanent criminal record. However, Washington law recognizes that alcoholism and drug addictions are diseases that require treatment. The state offers deferred prosecution — which is a type of DUI diversion program — to those who qualify in the hope that by treating the alcoholism or drug problem, they will not commit another offense in the future.
What is Deferred Prosecution in Washington?
Deferred prosecution in Washington is an agreement entered into between you and the state not to prosecute a DUI offense in exchange for your participation in a treatment program. If you comply with the requirements and complete the program, the DUI charges against you will be dismissed after five years. Nevertheless, the court filing of the DUI charge will still remain on your permanent record and can be used for sentencing purposes if you are found guilty of another DUI within seven years of the arrest for the first one.
Deferred prosecution can offer you the opportunity to get the treatment you need to get sober. But it’s important to understand that it is an opportunity you can only qualify for once. In addition, this option is only available to you if you believe your alcoholism or drug addiction caused you to engage in the behavior that led to your arrest.
What are the Requirements for a Deferred Prosecution in Washington?
Deferred prosecution isn’t automatic. You must obtain an evaluation from a state approved treatment agency that concludes you have a substance abuse problem and you are agreeable to treatment. You also need to petition the court to enter into deferred prosecution — and have not been previously granted a deferred prosecution. In addition, there are several conditions that must be met to participate in a deferred prosecution program.
Specifically, to enter into deferred prosecution in Washington, you must:
- Agree that you suffer from alcoholism or drug addiction
- Acknowledge you would be likely to reoffend without treatment
- Enroll in a two-year outpatient treatment program with a state-certified
- Pay the costs of the treatment program
- Drive with an Ignition Interlock Device in the car for at least one year
- Waive your right to a trial
- Agree to pay all court costs
Participation in a state-certified drug and alcohol treatment agency typically comes in three phases. Phase I involves 72 hours of treatment over the course of 12 weeks. This is followed by Phase II, which consists of 26 1.5 hour long weekly group sessions for six months. Phase III requires monthly 1.5 hour continuing outpatient group sessions for the remainder of the two-year obligation. You will also need to attend at least two self-help meetings every week for the first two-years.
After the DUI diversion program has been completed, the case will remain open for no fewer than three years. During that period, your case will be monitored by Probation Services. You must not use alcohol or drugs and have no further criminal law violations — Probation Services will conduct record checks to ensure no new law violations have occurred. You may also need to continue to attend self-help meetings if recommended by the treatment agency.
Mental Health Deferred Prosecution
Washington law also allows for mental health deferred prosecutions. This gives a person charged with a misdemeanor or gross misdemeanor the opportunity to defer prosecution for the charge and participate in a treatment program. However, the requirements are not the same as those for a DUI deferred prosecution. For example, AA is usually not mandated and the program does not need to be completed in three phases. After two years of treatment, followed by three years of abiding by the court orders that have been issued, the charge will be dismissed.
What are the Pros and Cons of Deferred Prosecution?
Deferred prosecution is not meant to be an easy way to avoid a DUI charge — the program is rigorous and time consuming. However, successful completion can help you tackle a legal problem and substance use issue at the same time. But while a DUI diversion program can help you avoid jail time and loss of your license, there are a variety of factors to consider in order to determine if it is right for you. For instance, since you can only enter a deferred prosecution once in your lifetime, the decision should be made only after careful consideration.
It’s vital to be aware that deferred prosecution means giving up your right to a trial. It will also result in the creation of a legal record that you have an alcohol abuse or drug addiction problem. In addition, the requirements of deferred prosecution in Washington are strict — and failure to comply with the conditions of the program within the five-year period can result in the court finding you guilty of the original DUI with which you were charged.
Contact an Experienced Washington DUI Attorney
Deferred prosecution in Washington should not be taken lightly. It’s essential to consult with a skillful DUI attorney before deciding to enter into a DUI diversion program. Offering committed counsel and trusted legal services, the Fox Law Firm PLLC has been helping clients throughout Washington achieve positive outcomes in their DUI cases since 1985. Contact Attorney Jon Fox for a free consultation by calling (425) 584-6679.
