Deferred prosecutions are governed by RCW 10.05. The Petition for Deferred Prosecution, which is available from the Washington Court’s web site, offers an excellent summary of all the requirements of the deferred prosecution program. In summary, a deferred prosecution will require a two year chemical dependency or mental health treatment program and an ignition interlock device on your vehicle for a minimum of one year. However, if you complete the treatment program, and stay out of trouble for a minimum of five years, your DUI offense will be dismissed. You can only do one deferred prosecution on a DUI offense in your entire life. Accordingly, it is rare for a person to do a deferred prosecution on a first offense DUI, although it is allowed. Typically, a person chooses a deferred prosecution for their second or third DUI offense.
If you think the deferred prosecution is something you would be interested in, contact me. I typically charge less for deferred prosecutions since they require less legal work.
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