My sister has just been recently charged with DUI here in Washington. She was thinking about just pleading guilty to her charge but her DUI lawyer advised her that she has an option for a deferred prosecution. I didn’t get the chance to ask her what it is. So, what does it mean if she will have a deferred prosecution?

Shirley

Seattle, WA

In Washington, when facing a DUI charge, one can plead guilty, go to trial or have a deferred prosecution. This is nothing more than a contract and by entering to this, you agree to do five things. Your DUI case is dismissed at the end of the contract if you do the five things. The five things are required by statute which means that a judge must include all five in the contract.

First is that you must get an alcohol evaluation and the evaluation must say that you are an alcoholic which means you would have two years of alcohol classes. A lesser evaluation would disqualify you from being granted a deferred prosecution. Second is that you will be under probation for five years. Third is that you should have good behavior for five years which means you should have no new criminal law violations. Fourth is that you have to go to Victims Impact Panel class where you listen to family members of people who have been killed by drunk drivers. Last is that you should have an ignition interlock device installed in any vehicle you drive.

My father is a company driver and just two days ago, he was charged with DUI here in Washington. He wasn’t fired by the company he works for because he has been employed there for more than a decade and this is his first DUI charge. What would be the effects of his DUI arrest on his job as a driver?

Izzie

Shoreline, WA

A DUI arrest in Washington State sets in motion two ways that your father can suffer due to loss of his license. First is the administrative license suspension at the hands of the Department of Licensing and by court action if he is subsequently convicted of DUI.

Immediately after the DUI arrest, if he didn’t refuse the blood alcohol test, his driver’s license will be suspended for 90 days and he may be eligible to have a temporary restricted license but only after he has served 30 days of the suspension. Thus, since his job absolutely depends upon driving, a DUI arrest can make him unable to perform his job for a minimum of 30 days.

If he survives the 30 days of absolute suspension, he will then be eligible for a temporary restricted license which will permit him to drive to and from work for the remaining 60 days of the 90-day license suspension. His employer must sign the temporary restricted license application.

Since your father is driving a company car, as a condition of granting a temporary restricted license after a DUI arrest, the Washington State Department of Licensing requires proof that an ignition interlock device is installed in the vehicle that your father is driving. This device is a breath testing machine attached to the car’s ignition that he must blow into every time he starts the vehicle and also periodically while driving the vehicle. The car will not start if alcohol is present and the horn will honk and lights flash if alcohol is detected while driving.