Deferred Prosecution

From the recently published book, "DUI / DWI: The History of Driving Under the Influence."
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3

Deferred Prosecution

A unique approach to alcohol treatment is an optional (not mandatory) program afforded defendants in Washington State. In Washington State individuals charged with DUI are given an opportunity to utilize alcohol (or drug) treatment as a means to have their DUI dismissed. The program is called “deferred prosecution” and is unique to that State. Deferred prosecution permits those who are alcohol or drug dependent (or suffer from mental health issues) to enter into a two year treatment program in exchange for a complete dismissal of the charge (or charges) in five years, no jail, no fines, and no loss of license. Revised Code of Washington (RCW) 10.05

The Washington legislature has recognized that some people who are charged with criminal offenses are not necessarily criminal by nature but suffer from a problem that needs treatment. Jolly, David N. The DUI Handbook For The Accused. Outskirts Press. Pages 124-125 (2007) The legislature has recognized that the best way to keep an alcoholic (or drug addict) from driving drunk (or affected by drugs) is to get him or her to stop drinking or abusing drugs. Id. From this belief came the deferred prosecution statute. Id.

In order to qualify for deferred prosecution the defendant must obtain an evaluation from a state approved treatment agency. The treatment facility conducts a detailed assessment and if it concludes that the criminal conduct was the result of alcoholism, drug addiction or mental health problems and that the individual is amenable to treatment then the court will permit the petition (application) for deferred prosecution. Washington State only permits an individual to use this program once in a lifetime.

The program consists of a statutorily required two-year treatment program which is broken down to a demanding three phase schedule. The first phase is typically three or four nights a week (sometimes five nights a week depending on the provider) for the first three months (seventy -two hours of treatment in the first 90 days) or can involve an inpatient program. Phase two involves weekly treatment and counseling for six months. Phase three, the least rigorous of the three phases, requires counseling once a month for the balance of the two-year program. Additionally, two Alcoholics Anonymous or other self-help meetings per week are required for the full two years. Complete abstinence is required and the individual must be in total compliance or faces the risk of having the program revoked.

For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/