Compassionate Counsel Passionate Defense

group photo of attorneys and staff
Group photo of staff at Law Offices Of Smith & White PLLC

Can you defer a DUI in Washington State?

On Behalf of | Oct 5, 2024 | DUI

Driving under the influence (DUI) is a serious criminal offense in the Evergreen State, as it is across the United States. Suppose you’re caught driving with a blood alcohol concentration that exceeds the legal limit. In that case, you can face legal consequences, including the suspension of your driver’s license.

One question that frequently arises when dealing with a DUI charge is whether you can defer or avoid conviction through legal mechanisms such as deferred prosecution. Understanding this process and its implications is key to navigating DUI charges in Washington State.

What is deferred prosecution?

A deferred prosecution is a legal option available to you if you’re facing certain criminal charges, including DUI. It allows you to avoid conviction if you agree to comply with specific conditions and undergo treatment for alcohol or drug addiction. In essence, the state “defers” your prosecution, meaning the court holds off on entering a conviction as long as you fulfill the requirements of the deferred prosecution program.

You should know that this is not an automatic right; it requires court approval, and not everyone is eligible. The primary focus of deferred prosecution is rehabilitation rather than punishment. The law acknowledges that you might have committed a DUI offense because you struggle with alcoholism or substance abuse; therefore, it aims to help you recover rather than incarcerate you.

Eligibility for deferred prosecution

While deferred prosecution can be applied to both first-time and repeat offenders, you are more likely to be eligible if you have no prior DUI convictions. To qualify for deferred prosecution in the Evergreen State, you must admit that your DUI offense is as a result of suffering from:

  • Alcoholism
  • Drug addiction
  • A mental health disorder

Additionally, you’ll be required to complete a comprehensive treatment program, which typically lasts for at least two years. This program includes:

  • Intensive outpatient therapy
  • Alcohol or drug education
  • Support groups like Alcoholics Anonymous (AA)
  • Regular reporting to the court

As part of the agreement, you’ll be required to refrain from using alcohol or drugs and comply with all conditions set by the court. You must also attend regular court hearings to ascertain that you are following the program.

Deferred prosecution can offer you a potential path to avoid conviction and seek treatment for alcohol or drug addiction. Suppose you’re facing a first-time DUI charge; consulting with a knowledgeable legal team is crucial to explore all available options and make the best decision for your circumstances.

Archives

Categories