Deferred Prosecution for Washington DUI Cases: A Second Chance with Serious Responsibilities

If you’re facing DUI or Physical Control charges in Washington and have been diagnosed with a severe substance abuse disorder or mental health condition, deferred prosecution may offer a way forward. While it’s not an easy path, successful completion of the program means the charges against you will be dismissed after five years.

At Knauss Law, we’ve guided many clients through this rigorous process, helping them determine if deferred prosecution is the right choice. This program can be a life-changing opportunity, but it comes with serious responsibilities and long-term implications.

Amendment ESHB 1600 Could Impact Your Gun Ownership

What Is Deferred Prosecution?

Deferred prosecution allows eligible individuals to avoid a DUI conviction by committing to a structured treatment program and five years of probation. Upon successful completion, the charges are dismissed. However, failure to comply with the program results in an automatic guilty verdict based on the original police reports—no trial, no further defense.

Key Facts About Deferred Prosecution

  • Lifetime Limit: You can only use deferred prosecution once in your lifetime.
  • Charges Dismissed After Five Years: This is contingent upon strict compliance with the program’s conditions.
  • Serious Commitment: The program includes treatment, probation, and abstinence requirements. It’s not a decision to make lightly.

Eligibility Requirements for Deferred Prosecution

To qualify for deferred prosecution in Washington State, you must meet the following criteria:

1. First and Only Deferred Prosecution: You cannot have used deferred prosecution before.

2. Diagnosis of a Severe Disorder: This includes severe substance abuse or mental health conditions as outlined in RCW 10.05.020.

3. Commitment to Treatment: You must enroll in and comply with a certified treatment program for the entire duration.

Key Considerations Before Choosing Deferred Prosecution

Deferred prosecution is not a shortcut, and it’s not for everyone. Here’s what you need to weigh before making a decision:

  • One-Time Option: Because you can only use this program once in your life, it may not be the best choice for a first offense.
  • Waiver of Rights: You give up your right to fight the charges in court. If you’re found non-compliant, you’ll be convicted without a trial.
  • “Prior Offense” Status: Even after dismissal, a deferred prosecution counts as a prior offense for future DUI charges, increasing penalties for subsequent offenses.
  • Permanent Record: While charges are dismissed, the deferred prosecution remains part of your legal history and may be viewed as an adverse finding.
  • Strict Abstinence: You must abstain from alcohol and all non-prescribed, mood-altering substances for five years, verified by random testing.
  • Treatment Costs: Participants are responsible for treatment and probation costs, which can exceed $2,000. Some expenses may be covered by insurance.

Treatment Program Requirements

Substance abuse-based deferred prosecutions must follow a strict two-year treatment protocol as outlined in RCW 10.05.150. This includes:

1. Total Abstinence: No alcohol or non-prescribed, mind-altering drugs.

2. Support Group Attendance: At least two recovery meetings per week (e.g., Alcoholics Anonymous).

3. Three Treatment Phases:

  • Phase 1: Intensive outpatient treatment (72+ hours over 12 weeks).
  • Phase 2: Weekly counseling for six months.
  • Phase 3: Monthly outpatient contacts for the remaining treatment period.

Benefits of Deferred Prosecution

Despite its challenges, deferred prosecution offers significant benefits:

  • Avoid Jail Time: Successful completion spares you from incarceration.
  • Dismissed Charges: After five years, the charges are dropped if all conditions are met.
  • No SR-22 Insurance: Deferred prosecution allows you to avoid the high costs of mandatory high-risk insurance.

Challenges of Deferred Prosecution

This program isn’t a free pass and comes with strict conditions:

  • Probation Costs: Supervision fees often exceed $1,000.
  • Ignition Interlock Device: You’ll need to install an IID for 1, 5, or 10 years, depending on your driving history.
  • Time Commitment: Treatment requires consistent attendance and active participation for two years.

Is Deferred Prosecution Right for You?

Deferred prosecution can be life-changing for those ready to commit to treatment and long-term sobriety. But it’s not a decision to take lightly. At Knauss Law, we evaluate your case, your eligibility, and your personal circumstances to help you decide if this program aligns with your goals and needs.

Contact Knauss Law Today

If you’re considering deferred prosecution for a DUI or Physical Control charge, you need experienced legal guidance to make the right decision. At Knauss Law, we’ve helped clients navigate this complex process with confidence and clarity.

Contact us today to schedule a consultation and discuss your options. We’ll help you take the first step toward a brighter future.