what is deferred prosecution?

DUI litigation is essentially fought in two battlegrounds: (1) license suspension proceedings brought by the Department of Licensing (DOL) and (2) criminal charges initiated from the Prosecutor. You should consider hiring an attorney who can maneuver both venues aggressively and not just one aspect of the case.

****License Suspension****
If the officer punched your license and provided a slip of paper regarding a license suspension, it means the State Department of Licensing (DOL) shall try suspending or revoking your license VERY SOON. These suspensions can and should always be challenged! No matter what the circumstances, the DOL Hearing Examiner must analyze four issues:
• Whether you were lawfully arrested / contacted
• Whether there were reasonable grounds to believe you were DUI
• Whether you were read your implied consent warnings properly
• Whether you either refused the breath test or blew over the legal limit.

The DOL cannot suspend you license if your constitutional rights are violated, evidence is lacking, the BAC machine has malfunctioned, or government agents fail to follow proper procedure. It is imperative you hire an attorney soon if you want to maximize your chance of saving your license. If not, you run the risk of unnecessary suspension, costly insurance increases, and an ignition interlock device on your car. You have a very short time after a DUI arrest in order to properly set up a challenge.

****Criminal Charges****
Most DUI’s are gross misdemeanors punishable up to a year in jail. Additional consequences include mandatory ignition interlock device, lack of access to Canada, alcohol evaluations, follow-up treatment up to five years, costly probation, and fines from around $1000 to $5000. However, many consequences are negotiable, and can be modified to your benefit with the assistance of an experienced attorney.

Every case is different, and there can be no set or promised outcome. There are always many factors. Legal issues include whether the initial stop was unlawful, whether probable cause existed to investigate for DUI, and whether officers obtained evidence that is admissible in trial.

Another thing to consider is whether your most recent DUI happened within 7 years of the last one. If so, you're facing stiffer penalties in fines, jail sentences, probation etc.

A deferred prosecution gives an opportunity to dismiss a DUI after 5 years. However, the conditions are rigorous. You must obtain an alcohol evaluation set up for deferred prosecution, admit you have a drinking problem, engage a very intense treatment program, and obtain an ignition interlock device. Any further violations of the law place your deferred prosecution in jeopardy. Worst-case scenario, you could lose your deferred and immediately get sentenced on the DUI if you violate conditions. Best case scenario? Dismissal.

Hope this helps. Good luck!

Deferred Prosecution is a Washington law allows a defendant to request the court for deferral or postponement of their case for five years while s/he seeks treatment. If the request is granted the advantages are clear: defendants retain their license, do not go to jail, keep the DUI off their record for most purposes, are not required to pay for high risk insurance, avoid being fined, and, except for cases of blood or breath refusal, avoid administrative license suspensions. Most importantly, they are given an opportunity to sober up and regain control of their lives. Washington is unique in this statutory alternative. Deferred prosecution is not limited to alcoholics, but may be granted where the defendant is suffering from drug addiction or mental health problems (or a combination). This all sounds great, but the program is not for everyone, and, particularly for a first offense, it may not be time to enter this once-in-a-lifetime alternative to your constitutional right to a jury trial.
If you and your attorney decide to petition for a deferred prosecution, start by getting diagnosed. In order to qualify for deferred prosecution, the defendant must obtain an evaluation from a state approved treatment agency. The agency will conduct an assessment and if it concludes that the criminal conduct for which deferred prosecution is sought occurred as a result of alcoholism, drug addiction or mental health problems and that the defendant is amenable to treatment, meaning they are willing to be treated, the person is eligible for deferred prosecution as long as they have never been granted a deferred prosecution before. In DUI cases, of course, the most frequent reason a deferred prosecution is sought is because of a drinking problem, and the required two-year treatment program is quite rigorous and occurs in three phases.
If you obtain a proper diagnosis, most Courts require that you begin the recommended program before considering you for entry into the Deferred Prosecution program. The first phase of treatment (for alcohol or drug addiction) is typically three or four nights a week for the first two or three months (seventy -two hours of treatment in the first 90 days) or can involve an inpatient program. Phase two entails weekly counseling for six months. Phase three requires counseling once a month for the balance of the two-year program. Additionally, two Alcoholics Anonymous or other self-help meetings per week are required for the full two years. Usually the defendant is also placed on supervised probation, which means that he or she may be required to meet on a regular basis with a probation officer and to pay for those services. Additionally, an ignition interlock device (IID) will be required for at least one year.
There are standardized forms for petitioning the Court for entry into the Deferred Prosecution program. Although many of the aspects of the program are standard, each court's probation may require slightly different procedures before finding that you are a good candidate for the program. For instance, some Courts require that the petition, evaluation, treatment plan, proof of compliance with treatment for a specified number of hours, and the police reports be reviewed by a probation officer before being presented to the Judge. The probation department will make an independent recommendation regarding whether you are an appropriate candidate for such a rigorous program. The Court will ultimately review the petition and other documentation and decide if you get into the program. If you are approved, you will be required, in most cases, to pay probation fees and other costs - usually somewhere around $1500.
Entry into a deferred prosecution program should not be undertaken lightly, as it is a rigorous program. Successful completion of the deferred prosecution has significant rewards, however, both personal and legal, and should be examined in any case in which alcohol, drug or mental health problems may exist.