Reader’s Question:

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.

Tags: DUI, DUI lawyer