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DUI - Deferred Prosecution & 2nd Offense DUI

          In many cases a DUI -Deferred Prosecution is the best option for many clients when arrested for DUI. If you have been arrested and charged with a second offense DUI within 7 years then you should talk to your attorney about a deferred prosecution. 2nd offense DUI's can carry with them a mandatory jail time of 30 or 45 days in jail.  A DUI deferred prosecution is a very serious step so it is not often used except in two situations 1) On a second DUI within 7 years; and 2) When a client absolutely cannot have a conviction on their record (Generally people with professional licenses: pilots, truck drivers etc).  One possible way to attempt to avoid this jail time is a deferred prosecution. 

A deferred prosecution is a extensive two year alcohol treatment program followed by three additional years of probation. It is an opportunity for an defendant to admit that they have a problem with alcohol and in exchange the court may decide to defer sentence or extensive jail time if the person enters into a treatment program for a second DUI or a defendant in a special situation.  Below is a example of a DUI alcohol deferred prosecution.

Minimum Program Outline: 

Phase I – Intensive outpatient treatment

This phase consists of attending a minimum of 72 hours of treatment within twelve weeks. The two most common ways this is completed is by attending three, three hour groups per week for eight weeks or by attending four, two hour groups per week for nine weeks.       

Phase II – Outpatient treatment    

This phase consists of attending a minimum of one weekly group sessions for the next 26 weeks.  

Phase III – Monthly monitoring  

This phase consists of attending a minimum of one session monthly (group or individual) for the remaining months of the two year treatment program.   

Additional Program requirements: 

In addition to the treatment it is required that individuals in the program provide verification of attendance at two recovery based support groups (such as Alcoholics Anonymous, Celebrate Recovery or Smart Recovery) weekly for a minimum of two years.  Abstinence from alcohol and other mood altering (non-prescribed) substances and random drug testing are also required.   A status report is provided to the court and/or probation on a monthly basis by the treatment agency indicating whether or not an individual is compliant with the program requirements.

After the two years is finished:

Most courts extend jurisdictions in deferred prosecution cases for up to five (5) years.  During the last three (3) years of the program the judge may require you to attend regular AA meetings to ensure you do not relapse and drink alcohol.


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