Deferred Prosecution in Washington

Understanding Deferred Prosecution

For individuals facing a DUI charge in Washington, Deferred Prosecution can appear as a second chance—a way to avoid a conviction and address underlying issues like alcohol or drug dependency. But while it may seem like a lifeline, this legal option also comes with serious commitments and potential pitfalls. Understanding whether Deferred Prosecution is the right path requires careful consideration.

What Is Deferred Prosecution?

Deferred Prosecution is a legal program available to certain DUI offenders in Washington that allows them to avoid a conviction by completing a structured treatment plan. Instead of going through the traditional criminal process, individuals enter into a five-year court-supervised agreement, during which they must complete a comprehensive treatment program and comply with strict conditions.

Who Qualifies for Deferred Prosecution?

Not everyone qualifies for Deferred Prosecution. To be eligible, a defendant must be diagnosed with alcoholism, drug addiction, or a mental health issue that contributed to the offense. They must agree to a two-year treatment program followed by three years of sobriety monitoring. The program can only be used once in a lifetime, meaning participants commit to a lifetime ban on requesting Deferred Prosecution again. Additionally, they must waive their right to a trial and stipulate to the police report, which means that failure to complete the program results in an automatic conviction.

Benefits of Deferred Prosecution

For many, this program provides a valuable opportunity to seek help and avoid a criminal conviction. Successful completion of the program results in the dismissal of the DUI charge. Participants may also maintain their driver’s license, though they must install an ignition interlock device. The structured treatment and support help individuals address substance abuse issues, and the program allows offenders to avoid mandatory jail time.

Potential Risks and Downsides

While Deferred Prosecution has benefits, it is not the right choice for everyone. Participants must stipulate to the police report, meaning if they fail the program, they automatically face conviction and sentencing. The program is also an expensive and lengthy commitment, with treatment costs, court fees, and compliance requirements that can be financially burdensome. Strict compliance is required, and missing treatment sessions, violating sobriety terms, or failing to install an ignition interlock device can result in immediate consequences. Additionally, because the program can only be used once in a lifetime, those who re-offend cannot apply again.

Is Deferred Prosecution Right for You?

Determining whether to pursue Deferred Prosecution depends on individual circumstances. If the evidence against you is weak, it may be better to fight the charge in court. However, for those struggling with substance dependency, the program offers a structured path to recovery while avoiding a criminal conviction.

Consult with an Experienced DUI Attorney

Given the complexities of Deferred Prosecution, consulting with an experienced DUI attorney is crucial. At the Law Office of Erin Bradley McAleer, we help clients evaluate their options and navigate the legal process. If you’re facing a DUI charge in Washington, contact us today to discuss your case and determine the best course of action. Need legal guidance? Call us at (360) 334-6277 or visit our website to schedule a consultation.