Washington Deferred Prosecution

Vancouver WA DUI Attorney

Deferred prosecution is one of the few ways a DUI case in Washington can ultimately be dismissed. It is not a shortcut and it is not the right option for everyone. Deferred prosecution is a court supervised treatment based program that requires long term commitment, strict compliance, and giving up important trial rights.

Before you decide whether this program makes sense in your case, you should understand exactly how it works, what you must agree to, and the risks if you do not complete the program.

What is deferred prosecution in a Washington DUI case

Deferred prosecution is authorized by RCW Chapter 10.05. In a DUI or physical control case, the court may pause the criminal prosecution while you complete a treatment program. If you successfully complete all requirements, the court dismisses the charge.

Deferred prosecution is based on the idea that the DUI conduct was caused by a condition that requires treatment and that, without treatment, the likelihood of reoffending is high. Because of that, this option is treatment focused rather than punishment focused.

The main benefit

The primary benefit of deferred prosecution is that it provides a path to dismissal of the DUI charge. Unlike a plea bargain or reduced charge, successful completion results in the case being dismissed rather than ending in a conviction.

For many people, avoiding a DUI conviction and mandatory minimum jail time is the biggest reasons they consider the program.

The most important downsides and risks

You have the DUI punishment hanging over your head

To enter into deferred prosecution, you must sign a petition that includes waivers of important constitutional rights to trial and to challenge the evidence. You also agree that the written police report is admissible and sufficient for the court to enter a guilty finding if you are revoked from the program.

If you do not successfully complete the program for whatever reason, you will face a near automatic conviction of the underlying DUI charge.

It is a long term commitment

Deferred prosecution is not quick. Treatment and court supervision last years. Many people underestimate how demanding long term compliance can be, especially when life circumstances change.

Treatment requirements are strict

For DUI cases, the program generally includes total abstinence from alcohol and non-prescribed substances, participation in a state approved intensive treatment program, ongoing monitoring, and continued aftercare.

Courts expect full compliance. Missed appointments, positive tests, or failure to follow treatment recommendations can place your deferred prosecution at risk.

Ignition Interlock Requirement

When deferred prosecution is granted in a DUI or physical control case, although your license is not suspended, the Department of Licensing imposes an ignition interlock requirement that is equal to the requirement of a DUI conviction. Talk to your attorney about this.

Who qualifies for deferred prosecution

Eligibility depends on the charge, your history, and whether the court can make the findings required by law. Deferred prosecution is generally available for misdemeanors and gross misdemeanors in courts of limited jurisdiction.

For DUI and physical control cases, the court will review whether deferred prosecution has been used previously and whether the statutory requirements are met. A new law in 2026 will allow a second deferred prosecution under certain circumstances.

Because deferred prosecution is discretionary, qualifying on paper does not guarantee approval.

What you must show the court

Your petition must support findings that:

The wrongful conduct was caused by a condition that requires treatment
Without treatment, the probability of repeating the conduct is great

In practical terms, deferred prosecution is designed for people who are prepared to engage in treatment and take the program seriously.

What the process usually looks like

Although procedures vary by court, deferred prosecution cases often follow this general path:

Careful review of the police report, driving history, and prior record to decide whether deferred prosecution is a smart option
Completion of a substance use or mental health assessment and preparation of the required petition and waivers
Filing the petition and scheduling a court hearing
Enrollment in treatment and compliance with all court ordered conditions if deferred prosecution is granted
Long term monitoring followed by dismissal review after successful completion

What happens if you fail the program

This is the part many people underestimate.

If deferred prosecution is revoked, the court may enter a guilty finding based on the police report and the stipulation you signed at the beginning of the case. There is typically no trial on the underlying facts at that point.

If you are unsure whether you can realistically comply with the program, that concern should be addressed before you choose to enter into the program.

Is deferred prosecution right for you

Deferred prosecution can be a good option if:

• You are motivated to participate in treatment • You can commit to long term compliance • Avoiding a DUI conviction is a top priority

It may be a poor fit if:

• You are not prepared for abstinence and monitoring • Your work or travel schedule makes compliance unrealistic • You want the fastest possible resolution rather than a long term program

How I help

My role is to help you make an informed decision and avoid preventable mistakes. That includes:

• Evaluating whether deferred prosecution is available and advisable in your case • Explaining the waivers and stipulations in plain English before you sign them • Guiding you through assessments, paperwork, and court procedures • Discussing alternatives when deferred prosecution is not the best option

Talk to a lawyer before you decide

Deferred prosecution can be a powerful tool, but it carries real risks. Before you commit to years of treatment and sign away trial rights, you should understand exactly what you are agreeing to.

If you are facing a DUI in Washington and want to discuss deferred prosecution, contact my office to schedule a consultation.

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.