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If you are charged with a Washington State DUI/DWI or physical control charge and diagnosed as alcohol or drug dependent (or suffering from mental health issues) you may be eligible to petition the court for a deferred prosecution on your case. 

To be eligible for a deferred prosecution you must meet the following requirments:

  • You cannot have ever been granted a deferred prosecution before in your life.  RCW 10.05.010.
  • You must be diagnosed as alcohol dependent, drug dependent, or with mental health issues.  RCW 10.05.020.
  • You must enroll in the recommended drug, alcohol, or mental health treatment program and successfully comply with all treatment recommendations. RCW 10.05.020.

 

While there are significant benefits to a Washington deferred prosecution, it is not something to enter into without serious consideration.  There are a number of factors to consider carefully before you make a decision to enter into a deferred prosecution. 

Chemical dependence (alcohol or drug) based deferred prosecutions all required compliance with a two year state certified treatment plan that follows a strict protocol defined by RCW 10.05.150. These requirements include:

  • Total abstinence from alcohol and all other non-prescribed, mind-altering drugs.
  • Attendance at a minimum of 2 self help recovery support group meetings per week.  Alcoholics Anonymous (AA) is the most common such support group.
  • Completion of a three phase treatment program.
  • Phase 1: intensive outpatient treatment consisting of a minimum of seventy-two hours of treatment in a maximum of twelve weeks.
  • Phase 2: not less than weekly approved outpatient counseling, group or individual, for a minimum of six months following the intensive phase of treatment.
  • Phase 3: not less than monthly outpatient contact, group or individual, for the remainder of the two-year deferred prosecution period.                                                                                                            

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