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Tacoma DUI Deferred Prosecution

Deferred DUI Washington State

Washington State provides a “deferred prosecution” program for certain DUI offenders. Deferred prosecution allows the defendant to escape some of the possible ramifications of a DUI trial and conviction. With the program, it is possible to avoid jail time, a license suspension and paying for an SR-22 certificate.

It is important to note that the program is quite stringent and there are notable drawbacks to consider. The decision of whether or not to go the deferred prosecution route takes serious contemplation. Before moving forward with your case, you’ll want to speak to a DUI deferred prosecution lawyer about the qualifications, stipulations, and pros and cons.

To determine your eligibility and for help petitioning the court, contact a DUI attorney in Washington at (253) 217-4849 for a free consult.

Understanding Deferred Prosecution

When someone is charged with a DUI, they will usually undergo arrest, go to an initial court session (arraignment), enter a plea, and then attend court again for hearing and sentencing. If found guilty, you will have a criminal conviction on your record and be subject to serious penalties including jail time, loss of driving privileges and increased insurance requirements.

Some offenders may have the option to petition the court to enter a deferred prosecution program, though. It’s an excellent program, but only for those committed to total sobriety. The alcoholism-deferred prosecution program lasts two years and consists of a detailed and strict list of requirements found in RCW 10.05.150. If you enter the program and follow it successfully until completion, your case will be dismissed.

Eligibility for DUI Deferred Prosecution

There are several eligibility requirements you’ll need to meet for the court to approve your request for deferred prosecution. Some of the requirements include the following.

  • This must be your first time ever having been in a deferred prosecution program.
  • You must have been diagnosed with mental health issues or as dependent on drugs or alcohol.
  • You must be able to commit to the program 100 percent, including successfully complying with the treatment recommendations for your drug/alcohol/mental health issues.

What’s Required of You When You Choose Deferred Prosecution?

A deferred prosecution can be a godsend for some people, but it’s not for everyone. It’s important to consider carefully what’s required and whether or not it’s a practical decision. Below are some of the requirements you’ll need to abide by.

  • You must totally abstain from alcohol and all other non-prescribed mind-altering drugs. You will be subject to random urinalysis.
  • You give up your right to trial and admit on record that you have a drug/alcohol addiction.
  • You must participate in an intensive, state-approved inpatient or outpatient alcoholism treatment program.
  • You will be on probation for five years, and although your case will be dismissed if you complete the program, it still counts as a “prior offense.”
  • You must participate in an alcoholism self-help recovery support group and attend a minimum of two meetings per week for the duration of the treatment program.
  • You must attend approved outpatient counseling at least once per week for at least six months following the intensive phase of treatment.
  • You must have an outpatient contact at least once per month for the remainder of the two-year deferred prosecution period.
  • The treating facility and your physician will get to decide whether or not to include the use of prescribed drugs, including disulfiram, as a condition of treatment.

Is the deferred program right for you? Let our DUI legal team help you make the best decision. Contact Daryl Graves Law, PLLC in Washington today at (253) 217-4849 for a free, confidential consultation.

Why Hire Our Firm?

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Daryl L. Graves

“I feel blessed to have hired the Law Offices of Daryl L. Graves to represent me. From day one, Daryl informed me of my options and was always honest and upfront. Daryl and his staff always returned my calls and answered every question. Daryl's 30+ years of experience was worth every penny. I will refer everyone in need of a DUI/criminal defense and injury attorney to Mr. Graves”

- C.F., Fircrest, WA
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