In many cases a DUI -Deferred Prosecution is the best option for many clients when arrested for DUI. 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). If you receive a 2nd DUI in Washington State you are generally facing a mandatory 30 or 45 days in jail. 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 with in 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. These groups may vary between one to hours in length.
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 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.