Deferred prosecution is a program that allows a person suffering from alcoholism, drug addiction, or a mental health problem to petition the court to enter an intensive treatment program in lieu of being prosecuted.  Successful completion of the treatment program and compliance with other court imposed conditions will result in dismissal of the DUI and may avoid a suspension of driver's license by the Department of Licensing [1].

The law allows an individual to petition the court for deferral of their case for five years while he or she seeks treatment for their disease.  If the request is granted the advantages are clear: defendants retain their license, do not go to jail, keep the DUI off their record for most purposes, avoid high risk insurance, and avoid being fined.  Most importantly, they are given an opportunity to overcome their disease and regain control of their lives.

In order to qualify for deferred prosecution the defendant must obtain an evaluation from a state approved treatment agency.  The agency will conduct an assessment and must conclude that the criminal conduct for which deferred prosecution is sought occurred as a result of alcoholism, drug addiction or mental health problems.  It also requires that the defendant is amenable to treatment, meaning they are willing to be treated.  If those conditions are met, the person is eligible for deferred prosecution as long as they have never been granted a deferred prosecution before.

The required two-year treatment program is quite rigorous and occurs in three phases.  The first phase is typically three nights a week for the first two or three months or can involve an inpatient program.   Phase two entails weekly counseling for six months.   Phase three requires counseling once a month for the remaining months of the two-year program.  Additionally, two Alcoholics Anonymous or other self-help meetings per week are required for the full two years, and can be required for the entire five year period.  The defendant is also placed on supervised probation, which means that he or she may be required to meet on a regular basis with a probation officer and must pay for those services.  Additionally, an Ignition Interlock Device (IID) [2] will be required for at least one year.

Three years after successful completion of the treatment program, the charge will be dismissed.  The defendant is required to abide by many court imposed conditions during the three years after treatment is successfully completed.   These conditions are set by the court and typically include continued attendance at AA, and avoid criminal behavior.

The deferred prosecution must require your full commitment.  It is a difficult program, and the court usually requires strict compliance.  The consequences of failing to complete the program are usually severe.

Revocation of a deferred prosecution invariably results in a conviction for the DUI, and any other accompanying criminal charges.  The penalties imposed may be harsher than if the defendant had merely pleaded guilty.  The court will almost always require completion of the treatment program originally undertaken as a part of the deferred prosecution.

Furthermore, a person is only entitled to one deferred prosecution in their lifetime.  You must be totally committed to recovery before entering into a deferred prosecution. 

[1] If a blood or breath test is taken, a deferred prosecution will stay most Department of Licensing administrative suspensions.  However, the deferred prosecution will not prevent the administrative license suspension for breath or blood test refusal cases.

[2] An Ignition Interlock Device will be installed in your vehicle.  This device will require you to provide a breath sample before starting your vehicle and sometimes while operating your vehicle.  If the device detects alcohol, your vehicle will not start or your vehicle will be turned off.