DUI in Pierce County - is Deferred Prosecution available for a first time DUI? The BAC was .02

Asked over 1 year ago - Tacoma, WA

I just left a great dinner with friend - and had a fender bender with another car. Do I have the option for a deferred prosecution instead of the Dui?

Attorney answers (6)

  1. Shane M Silverthorn

    Pro

    Contributor Level 9

    14

    Lawyers agree

    Answered . You do have the option of entering a deferred prosecution if you have an alcohol problem and believe that your alcohol problem contributed to your DUI charge. Also, you must believe that without treatment you will likely commit another DUI or other crime because of your alcohol dependency.

    However, you only get 1 deferred prosecution in your lifetime. So its usually not a very good idea to use it on a first time DUI. You should consult an attorney before you consider doing a deferred. Your best bet is to hire someone who does DUI representation. If you have a public defender you should ask him or her.

    A BAC of .02 is very very low and is not high enough to prove you were DUI, unless you are under 21. In that case .02 is the legal limit. The penalties for a minor DUI are not as severe as an adult DUI. If you are charged with minor DUI, a deferred prosecution is really not needed.

    It is highly likely you can get out of this without a DUI conviction, if you have adequate counsel to represent you.

    Good Luck

    Shane Silverthorn
    360-895-3837

  2. Vitaliy Kertchen

    Contributor Level 15

    12

    Lawyers agree

    Answered . Don't waste the DP on this. A DP takes five years and over $6,000 in treatment. This is essentially a punishment in itself that is far beyond any you're likely to face with a .02 blow. If you're over 21 and blew a .02, trial should be a very real option you need to be considering. Hire a qualified lawyer to discuss all of your options. Make sure you're represented by counsel. Don't expect the prosecutor to be giving you deals just because you blew a .02. You still need an attorney to negotiate with the prosecutor for a favorable resolution.

  3. Andrew C Huff

    Contributor Level 12

    8

    Lawyers agree

    Answered . My first question is were you actually charged with a DUI with a .02? It is difficult to believe a prosecutor would actually charge someone with being impaired when your BAC is barely registering and certainly well below the legal standard. If you have been charged with a DUI, you need to fight it and save the deferred prosecution. You really need to challenge this charge as simply insufficient to sustain a DUI charge. Any toxicologist will testify that someone with a .02 cannot be impaired to an appreciable degree by alcohol. Retain a competent and experienced DUI attorney immediately and fight this charge. Here to help.

  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . A deferred prosecution program is for those people that have a major alcohol problem and are viewed as needing a 2 year treatment program. You probably are not up to that level. You need to sit down with an experienced DUI attorney and talk over your options. I wish I was from your area to help you but I live in Moses Lake and you are in Tacoma. Contact a local attorney immediately.

  5. James Edmund Oliver JR

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . I agree with the above, especially that first guy, Mr. Silversteen.

  6. Michael Edward Haas

    Contributor Level 3

    4

    Lawyers agree

    Answered . Mr. Silverthorn and others are correct. Although technically available, It would be foolish to "waste" a DUI on a .02. Hire an attorney or obtain a public defender if you qualify. They should be able to help you get the charges reduced significantly if you are actually charged with DUI. As a side note, police rarely cite DUIs that low - is there a possibility the officer suspected other substances i.e. drugs (legal or illegal) were involved? That still wouldn't change my analysis on using up a DP on a first time DUI but it could explain why there was a citation for DUI even though the BAC was low.

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