Legal Question in DUI Law in Washington

Re: Deferred Prosecution Program

Absent having some sort of legal irregularity in your arrest that may lead to a dismissal via motion, Ms. Hunt is correct: a deferred prosecution would lead to dismissal of the charges. However, I would also add a caution: a DP is a very serious two year intensive treatment program followed by three years of probation (usually monitored only by the court). Failure to comply with the provisions of the DP and/or incurrence of new criminal charges (such as driving on a suspended license) can result in revocation of the DP and sentencing on the original DUI charge. It can only be used ONCE in a lifetime and the chance of success truly depends on the person. It's truly meant for those with an alcohol/drug problem. It truly requires the refrain from alcohol consumption and the avoidance of other criminal charges. You can read up on the provisions of the law on line. Do a search for RCW 10.05.

The deferred prosecution program may be an option.

If you have been charged with a misdemeanor or gross misdemeanor, Washington law allows you to be placed on a "deferred prosecution", instead of pleading "guilty" or "not guilty". If you successfully complete the deferred prosecution requirements, the charge will be dismissed. In order to be eligible for a deferred prosecution:

Your criminal conduct must be caused by alcoholism, drug addiction, or mental problems; you must need treatment; and there must be a great probability that the criminal conduct will be repeated if you don't receive treatment.

You must get an evaluation that shows that: (1) you do suffer from one of the above problems; (2) the problem is such that if not treated there's a great probability that similar misconduct will occur in the future, (3) extensive and long term treatment is required; (4) effective treatment for your problem is available; and (5) you are amenable to treatment.

You must believe that you suffer from alcoholism, drug addiction, or mental problems.

You must commit to a two-year treatment program.

You must not have been on deferred prosecution before.

You must give up: your right to testify; your right to a speedy trial; your right to call witnesses to testify; your right to present evidence in your defense; and your right to a jury trial.

You must agree that, if you are removed from deferred prosecution, your trial will consist of the judge reading the police report and your statements in the deferred prosecution petition.