The Interstate Compact for Adult Supervision (ICAOS) is a law that was originally intended to prevent individuals who are on felony probation from avoiding probation monitoring by moving to another state. However, that law was extended to individuals convicted of a "second offense DUI" and effectively operates to prevent an individual who is on probation for a second offense DUI from moving to another state without first securing the permission of the Washington state Department of Corrections.
Does a deferred prosecution count as a "prior conviction?"
The ICAOS organization issues "advisory opinions" on issues and it has opined that a deferred prosecution does count as a DUI conviction for purposes of the Interstate Compact. See ICAOS Advisory Opinion 6-2005. Therefore, a person with a prior DUI conviction who is granted a deferred prosecution is considered to be subject to the Compact despite the fact that the deferred prosecution will ultimately result in a dismissal of the charges.
Can I travel to another state for business?
Under the act, out-of-state business trips of limited duration are not prohibited. Specifically, the Act is intended to regulate people who intend to relocate to another state. The term "relocate" is defined in Rule 1.101 of the Compact as being in another state for more than 45 consecutive days in a one year period.
Lawyer's legalese disclaimer
The Interstate Compact for Adult Offender Supervision has a huge procedure manual that is referenced by courts and probation officers who implement the act. This is a rather complex law, and the advisory committee issues in new opinions from time to time. Therefore, by the time this legal guide is posted, some of the information could be inaccurate due to subsequent changes in the law or interpretations issued by the ICAOS advisory committee. The bottom line is that a person potentially subject to the Compact should not rely on this discussion, but instead should talk to a good DUI defense lawyer about the situation.
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