Legal Question in DUI Law in Washington

Re: dui

The facts are pretty vague, but I would not recommend a deferred prosecution for anybody on a first offense.

First, a deferred prosecution is only available to you once in a lifetime. I am not sure how old you are, but if you were to ever get another DUI, especially within the next seven years, the mandatory minimum penalties would be substantially higher than they are under your current charge.

Second, you have to declare you have a problem with alcohol to the Court, which caused you to commit this offense.

Third, you will need to enter an intensive two-year treatment program for your problems with alcohol. This program will cost you at least $2,500 dollars as well as a considerable amount of your time and liberty.

Fourth, after your two-year treatment program you will continue to be on probation with the Court for another three years.

Fifth, should anything go askew with your compliance to the terms of the deferred prosecution, such as another criminal traffic offense, the Court can revoke your deferred prosecution and convict you of DUI based off of the allegations contained within the police report (since when entering the deferred prosecution, you would have already stipulated to the admissibility and sufficiency of the police report to support a DUI conviction.

Best to fight it out and try to get case dismissed. If you cannot...try for a reduction in charge like a Negligent Driving First Degree.

My e-mail is pretty general, but I am available if you want to speak about the details of your case. If not, I strongly urge you to seek the advise of counsel so you may make a fully informed decision. Good luck.

Aaron