Deferred Prosecution

Written by Amy Hall
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Deferred prosecution refers to the prosecution of a case being deferred for five years, during which time the defendant is to receive intensive alcohol and/or drug treatment in a state-certified treatment facility. The Washington DUI case is then dismissed at the end of the five years upon successful completion of the program. A person is only allowed one deferred prosecution in a lifetime.

It will count as a prior offense if the person gets charged with drunk driving again. However, deferred prosecution can be helpful for people who have been charged with DUI and are chemically dependent on alcohol. If this is the case, the person needs treatment which will greatly reduce the risk of him or her getting another DUI in the future. Washington drunk driving penalties are strict, but for someone who is either an alcoholic or has mental problems, there is a chance for pursuing other options that include treatment and rehabilitation.

Deferred Prosecution for Alcoholics

An alternative to punishment for alcoholics is often deferred prosecution, which gives them the opportunity to get treatment for their problems. A court will not grant a deferred prosecution to someone who believes that he or she is innocent of the charges. Furthermore, the defendant must waive all rights to a trial, and agree to all the findings in the police report.

This is not a matter that the court will enter into lightly. A person truly has to be willing to get treatment for their alcohol dependency, and understand that without doing so, his or her DUI conviction is punishable to the fullest extent of the law. A DUI lawyer can help you figure out if this is the best route for you to go.


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