| Deferred Prosecutions | | | | your job. |
| Everyone knows that if you are facing a criminal | | | | Second, entering into a Deferred Prosecution counts |
| charge, you can either plead guilty or go to trial. With a | | | | as a prior for sentencing on any subsequent DUI |
| Driving Under the Influence charge in Washington | | | | convictions. If you are like most of the clients I have |
| State, there is another option: A Deferred Prosecution. | | | | met with over the years, right now you're thinking that |
| | | | you will never get another DUI as long as you live; but |
| Now the five things: | | | | did you plan on getting this one? In most cases, it is |
| First, you must get an alcohol evaluation and the | | | | better to save your Deferred Prosecution (since you |
| evaluation must say that you are an alcoholic - which | | | | can only do it once per lifetime) for a second DUI |
| means you will have two years of alcohol classes. A | | | | charge that you hope never comes. Think of it as an |
| lesser evaluation will disqualify you from being granted | | | | insurance policy that you hope you never need. |
| a Deferred Prosecution. | | | | Third, a Deferred Prosecution is a real opportunity for |
| Second, probation for five years. There are two kinds | | | | someone with a significant alcohol or drug problem |
| of probation: Active and Inactive. Active probation | | | | because it can delete the jail time and license |
| means that you will likely have a Probation Officer that | | | | suspension associated with a DUI conviction. However, |
| you will have to report to (at least once) who will act | | | | some people are tempted to sign up for a Deferred |
| as the enforcement arm of the court; making sure that | | | | without fully realizing that the Deferred will require two |
| you do the five things you're supposed to under the | | | | years of alcohol classes. |
| contract. There is generally a fee for active probation. | | | | People run into problems in two ways: |
| Although Courts vary across the State as to how | | | | 1) A non-alcoholic defendant tempted by the good |
| much, it's generally around $50 per month. | | | | parts of a Deferred will resent having to go to the two |
| Inactive probation is where you no longer have a | | | | years of alcohol classes. When the choice is |
| Probation Officer and your only requirement is good | | | | presented to "blow off" one of the classes, they may |
| behavior, i.e. don't get accused of any new criminal | | | | since they didn't really need the classes anyway. |
| activity. Inactive probation generally has neither a | | | | However, once you start missing classes, you can get |
| monthly fee nor a probation officer, but can have a | | | | expelled - which means you are now in violation of |
| fee for periodic "record checks" to make sure there | | | | your Deferred Prosecution's requirement for treatment. |
| are no new criminal law violations. | | | | 2) If you are really an alcoholic, you need to face the |
| Third, good behavior for five years. This requirement | | | | possibility that you may relapse and get a second DUI. |
| means you can have no new criminal law violations. | | | | If that happens, a Deferred Prosecution can really |
| This does not include (generally) speeding tickets or | | | | save the day. |
| parking tickets - but anything that places you at risk for | | | | What should I watch out for with a Deferred |
| jail time will probably violate this requirement. | | | | Prosecution? |
| Fourth, go to a Victims Impact Panel. The VIP is a | | | | The most common problem encountered with a |
| class where you listen to family members of people | | | | Deferred Prosecution is running out of money. The |
| who have been killed by drunk drivers. It can vary in | | | | cost of treatment varies, but is always expensive. |
| length but is typically two hours long. | | | | Some health insurance companies will cover the |
| Fifth, have an Ignition Interlock Device installed in any | | | | expense - so check with yours. There can be |
| vehicle you drive. Although there is pending legislation | | | | government help for people addicted to alcohol or |
| that would allow you to drive an employer's vehicle | | | | drugs. |
| without an IID, at the time of this writing it has not been | | | | Once the Judge signs the Order for Deferred |
| passed into law. | | | | Prosecution, you will be bound by the contract's terms. |
| When does a Deferred Prosecution make sense? | | | | This means that even if the sole reason for getting |
| There are two times when going through a Deferred | | | | kicked out of treatment is lack of financial ability to pay |
| Prosecution makes sense: First, if you have had a prior | | | | for it, you will still be in breach of the contract. |
| DUI within the last seven years; and Second, if you are | | | | The way to avoid this problem is to look at the costs |
| accused of other crimes that happened within one | | | | involved before you enter into the Deferred |
| week of the DUI charge. | | | | Prosecution. |
| As you can see by looking at the mandatory minimum | | | | What happens if I don't comply with the contract? |
| sentencing requirements (See DUI Penalties), a second | | | | If there is an allegation that you have breached one (or |
| DUI within a seven year period carries a significant | | | | more) of the five requirements, the Court will schedule |
| amount of jail time, e.g. with a high BAC level you | | | | a hearing to determine what action to take. If you get |
| would be required to get 45 days of jail followed by | | | | convicted of a new DUI, the Court will have no choice |
| 90 days of home detention and a driver's license loss | | | | but to revoke the Deferred Prosecution. An Attorney |
| of 900 days (almost three years). A judge could | | | | may not be able to stop the Court from revoking your |
| impose more jail time, but not less. Most people cannot | | | | Deferred but may be able to help with the sentence |
| financially survive this type of sentence. | | | | you receive. If you breach your contract in some other |
| If you are accused of multiple crimes, including DUI, then | | | | way, the Court will have discretion on what action to |
| a Deferred Prosecution can make sense- even for a | | | | take. If this happens, call an attorney immediately. They |
| first time DUI. For example, if you were accused of | | | | can help you come up with a plan to save your |
| DUI, Reckless Driving, Possession of Marijuana, etc | | | | Deferred Prosecution. |
| then the potential penalties could make the Deferred | | | | If the Court revokes your Deferred Prosecution, then |
| worthwhile since we could include those other crimes | | | | the Judge will read the police reports submitted when |
| within the Deferred Prosecution contract. | | | | you first entered the Deferred and probably find you |
| Should I go through a Deferred Prosecution on my first | | | | guilty. There will be no jury trial and no witnesses. The |
| DUI? | | | | Court will make its decision solely based on the police |
| In most cases it does not make sense to use a | | | | reports. In other words, if you breach the contract you |
| Deferred Prosecution on a first DUI charge. There are | | | | will be found guilty of the underlying DUI. This means |
| three reasons for this. | | | | that the mandatory minimum probation times and |
| First, the penalties for your first DUI are financially | | | | driver's license loss will start. It also means that the |
| survivable. The highest mandatory minimum is two | | | | Court will determine the amount of fines and jail time to |
| days in jail. See the DUI Penalties above. While this | | | | be imposed. |
| won't be fun, it will most likely not cause you to lose | | | | |