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Choosing the correct treatment agency can be just as important as choosing the right DUI lawyer. The deferred prosecution program is a 2 year treatment program followed by an additional 3 years of monitoring by the court (which may include continued AA meetings). The agency will provide your treatment, split into 3 phases, and send monthly compliance reports to the court. If the reports do not make it to the court or show that the person is not in compliance with their treatment (attendance, UA testing, participation etc.), the court will set a review hearing to discuss the the violations and evaluate the persons continuation in the program. If the deferred prosecution is revoked, the DUI stays as a guilty plea and all jail and fines are reinstated. Be sure to completely discuss the deferred prosecution program with your lawyer skilled in DUI defense.
If you have been charged with a DUI you may be eligible for a Deferred Prosecution. As a DUI Lawyer, I have assisted those accused of DUI through the Deferred Prosecution program, which gaining entry to can be difficult. Once you have fully discussed the deferred prosecution program with your DUI attorney and made the decision to go forward, you must obtain an alcohol and drug evaluation that qualifies you for entry into the program. Depending on the court, you may have to begin treatment prior to the court accepting you into the deferred prosecution program. Each court has their own requirements that must be met prior to allowing entry into the program.
Things to know: A deferred prosecution is a big decision with many implications. A successful deferred prosecution will keep you out of jail, save your license, and result in a dismissal of your DUI. However, this only happens after extensive treatment, close supervision by the court and you only get one in a lifetime.
Deferred Prosecution, RCW 10.05.010: The deferred prosecution program allows for those that suffer from addiction or certain mental illnesses to petition the court to allow treatment instead of criminal prosecution.