The Washington State legislature has recognized that some people run afoul of the law not because they are criminals, but because they can't help it. The lawmakers have recognized that the most effective way to keep an alcoholic from driving drunk is to get him or her to stop drinking. From this inspiration was born the deferred prosecution statute.
The law allows a defendant to request the court for deferral or postponement of their case for five years while he or she seeks treatment for their disease. If the request is granted the advantages are clear: defendants retain their license, do not go to jail, keep the DUI off their record, avoid being fined, and, except for cases of blood or breath refusal, avoid administrative license suspensions. Most importantly, they are given an opportunity to sober up and regain control of their lives. Washington is unique in this statutory alternative.
Deferred prosecution is not limited to alcoholics, but may be granted where the defendant is suffering from drug addiction or mental health problems. It is not uncommon to find people suffering from symptoms of all three illnesses.
In order to qualify for deferred prosecution, the defendant must obtain an evaluation from a state approved treatment agency. The agency will conduct an assessment and if it concludes that the criminal conduct for which deferred prosecution is sought occurred as a result of alcoholism, drug addiction or mental health problems and that the defendant is amenable to treatment, meaning they are willing to be treated, the person is eligible for deferred prosecution as long as they have never been granted a deferred prosecution before.
In DUI cases, of course, the most frequent reason a deferred prosecution is sought is because of a drinking problem, and the required two-year treatment program is quite rigorous and occurs in three phases. The first phase is typically three or four nights a week for the first two or three months (seventy -two hours of treatment in the first 90 days) or can involve an inpatient program. Phase two entails weekly counseling for six months. Phase three requires counseling once a month for the balance of the two-year program. Additionally, two Alcoholics Anonymous or other self-help meetings per week are required for the full two years. Usually the defendant is also placed on supervised probation, which means that he or she may be required to meet on a regular basis with a probation officer and to pay for those services. Additionally, an ignition interlock device (IID) will be required for at least one year.
If a blood or breath test is taken, a deferred prosecution will stay, or postpone most administrative license suspensions. However, in the case of a test refusal, the administrative action is unaffected, although one can get an ignition interlock license after a set period of time.
Three years after the completion of the treatment program, the charge is dismissed. What the defendant is required to do during the three years after treatment ends and the case is dismissed, other than not re-offend, is up to the judge. Typically, continued attendance at AA is all that is required, along with law abiding behavior.
