Legal Question in DUI Law in Washington

Put on the brakes for a second! What do you know about deferred prosecution (DP)? It's very important to understand whether and when to do it. When facing a first time DUI, one is typically looking at the minimum sentence-- with a .15 or above, that's 2 days jail (there are alternatives), $1121 fine plus costs, alc eval and follow recs (1 day ADIS class at minimum), VIP panel (2 hour class), 1 year DL revocation, and 1 year ignition interlock license (IIL) after the revocation is over. A person can get the interlock device (IID) and drive DURING the revocation on application (with proper insurance) in many instances. A DP will have a cost of almost $900, 2 years intensive outpatient treatment followed by 3 years court-monitored probation, the VIP, and a 1 year ignition interlock license. If you screw up during the DP, you may likely end up with the DUI conviction and penalties anyway. While a DP could result in dismissal of the DUI at the end of successful completion, any subsequent DUI arrest within 7 years of the date of the DP's DUI offense is STILL treated as a second DUI here.

If you have an alcohol problem, a DP may be right for you. But if this is a first time DUI, understand you can only do the DP once in a lifetime. I caution clients to hold off on a DP. If someone pleads to a first time DUI and then gets another DUI within 7 years, he/she could be looking at 30 to 45 days in jail PLUS electronic monitoring. It's THEN that the DP would be most useful in keeping the person out of a hefty jail sentence.Understand also that once you do a DP, you will be (for lack of a better term) branded an alcoholic and required to do at least outpatient treatment on any future DUI.

As to your specific questions: (1) a petition needs to be done and timely filed. It's best to do this through counsel. (2) I'd hold off on ANYTHING until meeting with an attorney to be certain this is what you wish to do.