Deferred Prosecution

The following is a list of the conditions of deferred prosecution:
  1. You are choosing to enter the Deferred Prosecution program voluntarily. No one is forcing or coercing you to enter this program.
  2. The Deferred Prosecution program will last a minimum of five years.
  3. You will be required to admit that you have a problem with alcohol or drugs.
  4. You are allowed only one Deferred Prosecution in a lifetime, whether you successfully complete the Deferred Prosecution program or not.
  5. You will be required to abstain completely from alcohol and/or non-prescribed drugs for the entire Deferred Prosecution program. That means for at least five years you will not be allowed to possess, purchase or consume alcohol and/or non-prescribed drugs.
  6. You will not be able to enter bars, taverns, cocktail lounges, beer gardens or any other establishment where alcohol is the primary source of business for the duration of the Deferred Prosecution program.
  7. You will be required to attend a treatment program that will last a minimum of two years. You may be required to pay some or all of the costs associated with the treatment program.
  8. The treatment program must be provided by a Washington State certified treatment provider. Treatment with an agency located outside the state of Washington is not allowed.
  9. The treatment program will consist of an intensive phase, an aftercare program and then a monthly monitoring phase.
  10. The intensive phase of the program will require you to attend treatment sessions at least three times per week for 8 to 12 weeks. The treatment provider may require more than 12 weeks of attendance if they feel you are not progressing through the program satisfactorily. These sessions are usually held during the evening. However, the treatment provider may have additional sessions available during daytime business hours. You will need to arrange your work schedule around the treatment sessions.
  11. The aftercare program will require 6 or more months of treatment sessions one or more times per week.
  12. You will be required to attend treatment sessions at least once per month after you graduate from the intensive phase and the aftercare portions of the treatment program. The treatment provider may require you to meet with them more often than once per month if they feel it is necessary.
  13. If you have a valid drivers license you will be required to have a functioning Ignition Interlock Device installed on any vehicle you drive. (Revised Code of Washington)
  14. If you have a valid driver's license you will be required to provide proof of vehicle insurance at every meeting with probation.
  15. You will be required to attend a minimum of two self help support group meetings every week that you are on the Deferred Prosecution program. You must start attending these meetings as soon as the Deferred Prosecution paperwork has been signed by the judge. Self help support groups can include AA, NA, CA or other similar groups. Certain group meetings do not count as self help support groups. For instance, simply attending church is not considered a self help support group. All self help support group meetings must be approved by the treatment provider. The treatment provider can require you to attend more than two meetings per week. You will be required to provide proof of attendance.
  16. If you miss a self help support group meeting because of illness, or some other valid reason, you are required to make up any missed meetings within one week.
  17. You must start attending your treatment sessions within 15 days of the official entry of your Deferred Prosecution.
  18. You must attend a DUI Victim Impact Panel within 90 days of the official entry of your Deferred Prosecution.
  19. You will be required to be on Active Probation during the entire treatment portion of your Deferred Prosecution program. Active Probation will last at least two years.
  20. You will be assessed probation fees during the time you are on Active Probation.
  21. After you have successfully completed the treatment portion of the Deferred Prosecution you will be placed on three years of Bench Probation. During that time you will not be required to meet with the probation department.
  22. You cannot live outside the state of Washington without prior approval from the Court and/or the Probation department.
  23. You will be required to submit to random urine and/or breath tests upon the request of the probation department.
  24. If this is your second or subsequent DUI and you choose to live or move outside the state of Washington you will be required to successfully complete the Federal Interstate Compact process and you may not be allowed to continue with the Deferred Prosecution program.
  25. If you violate any of the conditions of the Deferred Prosecution program the Probation Department will ask the Judge to remove you from the program. If you are removed from the Deferred Prosecution program the court will most likely find you guilty of the underlying offense and proceed to sentencing.
  26. Violations can include but are not limited to:
    1. Use, possession or purchase of alcohol or non-prescribed drugs.
    2. Failure to attend treatment sessions as required.
    3. Failure to attend appointments with the Probation Department.
    4. Failure to have a functioning Ignition Interlock Device installed on your vehicle if you have a valid driver's license.
    5. Frequenting bars, taverns or other establishments where alcohol is the primary source of business.
    6. Failure to attend self help support groups as required.
    7. Failure to attend any court appearance.