Deferred Prosecution

Deferred Prosecution in Washington

Vancouver WA DUI Attorney

Deferred Prosecution is a program available to those charged with misdemeanor or gross misdemeanor crimes in Washington. RCW Chapter 10.05 lays out the framework for the program.  The program allows a defendant to avoid a conviction and its penalties by entering into and successfully completing the program.  The defendant has to state under oath that the crime charged was a result of alcohol or substance use or mental health issues and the probability of future recurrence is great unless treated.  Deferred prosecution is only available once in a lifetime in Washington

RCW 10.05.150 describes the minimal treatment required to comply with the program.  A deferred prosecution program for alcoholism in Washington State is designed to last two years and includes several key requirements:

  1. Total Abstinence: Participants must completely abstain from alcohol and non-prescribed mind-altering drugs.
  2. Intensive Treatment: The program requires either an intensive inpatient or outpatient treatment in a state-approved substance use disorder treatment facility.
  3. Self-Help Recovery Support:
    • Participants must attend at least two self-help recovery meetings per week during the treatment program.
    • They must also participate in self-help recovery meetings from the time the court approves the plan until they enter intensive treatment.
  4. Counseling:
    • Weekly outpatient counseling, either group or individual, is required for at least six months following intensive treatment.
    • Monthly outpatient contact is required for the remainder of the two-year period.
  5. Prescribed Medications: The use of prescribed drugs, like disulfiram, is determined by the treatment facility and the participant’s physician.
  6. State-Approved Treatment: All treatment must occur within or be approved by a state-certified substance use disorder treatment program.
  7. Agreement to Terms: Participants must sign an agreement to adhere to the terms and conditions of the treatment program.

This program is designed to provide structured, long-term support for individuals seeking to address alcoholism through legal deferral.

Deferred Prosecution is typically used when a defendant is charged with a DUI.  Because DUI’s have mandatory minimum jail penalties up to 120 days in jail and 120 days of house arrest, deferred prosecution is an attractive alternative to serving that amount of time.

The deferred prosecution program for a DUI charge lasts for a total of 5 years.  During that time, there is an ignition interlock requirement that is either 1 year, 5 years or 10 years, depending on your criminal history.    During the 5 years, a violation of the strict terms of the program may result in serious penalties.  If you are in violation of your deferred prosecution, you can be revoked from the program, convicted of the original charge and sentenced to jail for a term that may exceed your mandatory minimums.  Common reasons for being revoked from deferred prosecution include not complying with treatment and conviction of a similar offense while on the program.

The decision whether to enter deferred prosecution is a difficult one that will affect you for years.  Consult with an attorney experienced with Deferred Prosecutions and the local courts to help you make the best decision for your individual case.