Washington State DUI Deferred Prosecution - Can I move to another State?
June 24th, 2009
A Washington State DUI deferred prosecution essentially places an individual on probation for five years during which time a two-year alcohol treatment program is completed. Assuming compliance with all of the terms of the order granting deferred prosecution, the DUI charge is dismissed at the end of the deferred prosecution. A person may have only one deferred prosecution in a lifetime. The most common basis for a deferred prosecution is that the petitioner suffers from alcoholism and frequently, an individual petitions for a deferred prosecution upon receiving a second or subsequent Washington State DUI arrest.
The courts will usually grant an individual's request to move to another state while on deferred prosecution so long as the treatment program to be attended in the other state is consistent with the requirements of Washington state requirements, and the court is satisfied that there will be adequate supervision of the program. An individual who has been granted a deferred prosecution in Washington state is typically ordered by the court not to change treatment providers without permission of the court and therefore, court permission will be required for this individual to move to another state consistent with the requirements of the deferred prosecution.
However, if there was a prior DUI conviction, the deferred prosecution on a second or subsequent DUI arrest becomes subject to all of the above requirements and in addition, the Interstate Compact for Adult Supervision (ICAOS) comes into play. Under this law, an individual who is on probation for a second or subsequent DUI offense cannot move to another state without complying with the provisions of the Compact. The ICAOS Advisory Opinions have characterized deferred prosecutions as "DUIs" and therefore, an individual who is on a deferred prosecution and who has a prior DUI will be subject to the Compact. Generally speaking, this means that approval of the probation department or Department of Corrections must be obtained before moving to another state. Business trips that do not amount to permanent relocation are not prohibited under the act.
DISCLAIMER: This is a very complicated area of law with advisory opinions interpreting ICAOS being issued frequently. Don't rely on this blog as legal advice, as it is not intended as such. It is advisable to consult with a Washington State DUI defense firm familiar with the application of the Compact in order to obtain current and accurate information.