I was recently charged with DUI in Washington and I had a prior DUI. I was advised by someone that I should just take a deferred prosecution. It has already been explained to me the things that I should do if I will enter into the contract. Would it make sense if I agree with the deferred prosecution?

Anders

Tahoma-Maple Valley, WA

A deferred prosecution would make sense if you had a prior DUI conviction within the last seven years and if you are accused of other crimes that happened within one week of the DUI charge. So in your case, since you were recently charged with DUI in Tahoma-Maple Valley, Washington and you have a prior DUI conviction, it would make sense if you agree with the contract of having a deferred prosecution.

A second DUI conviction within a seven-year period, as you can see by looking at the mandatory minimum sentencing requirements, would carry a significant amount of jail time. For example, having a high blood alcohol content would have a requirement of 45 days of jail followed by 90 days of home detention and a driver’s license loss of 900 days (almost three years). The judge may impose more jail time, but not less. Most people could not financially survive this type of sentence. This is the main reason why a deferred prosecution could make sense if you are accused of DUI because the potential penalties could make the deferred prosecution worthwhile since DUI could be included within the deferred prosecution contract.