Under Washington State law, individuals who are alcohol dependent and suffer from an alcohol and/or drug addiction can petition a court for a dismissal of their pending DUI charge by way of something called a “Deferred Prosecution”. Although this may appear to be an appealing option there are several stringent conditions that are placed upon a Deferred Prosecution candidate upon entry of the petition.
In exchange for the dismissal (only after five years), the Deferred Prosecution petitioner must undergo and complete an intensive alcohol and/or drug treatment program, which lasts approximately two years. The petitioner must also follow all court ordered conditions for a period of at least five years, which includes active probation, followed by inactive probation. The completion of the treatment program and compliance with all court ordered conditions will likely result in the dismissal of the DUI charge in Washington State, only after the end of the five year period. Failure to successfully complete the treatment program or to successfully comply with all court ordered conditions will result in the revocation of the deferred prosecution and will result in a DUI conviction. A defendant is eligible for only one Deferred Prosecution in her lifetime. Therefore, anyone facing a DUI charge in King County should consult with a Seattle DUI lawyer before deciding whether a deferred prosecution is in their best interest.