Maybe. It depends on the Court. This is the hearing where your DUI is dismissed. If you are in compliance, timely completed the 2-year treatment and complied with all the other court’s conditions – your appearance is usually not required in most Courts. However, I would check with the Court Clerk or your attorney just to be sure.

No. One of the conditions of a DUI deferred prosecution whether for mental health or alcoholism is no drinking. This condition is in place for the duration of the five (5) year deferred prosecution probation period.

No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. (you started treatment before entering deferred prosecution in Court – not unusual) According to Washington State law the earliest your DUI or Physical Control can be dismissed is 5 years from the date of entering or acceptance of the deferred prosecution by the Court.

Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.

Yes. In most cases, the Judge (and prosecutor) would like the opportunity to review a Petition for Deferred Prosecution and accompanying documents on a DUI charge before your Court appearance. Some Courts by local Court rule even mandate a specific time period. The most common is 7-14 days before the Court date. Regardless of a Court rule, it is always a good practice to do so. Otherwise, if it is a busy Court calender you will be asked to continue the hearing.

No. If you do a Deferred Prosecution for a DUI or Physical Control in Washington State it is not a conviction at any pont. (unlike a deferred sentence). However, the Deferred Prosecution does remain in the Court and Department of Licensing (DOL) records.

No. If you enter a deferred prosecution SR-22 will not be required. This can result in substantial savings in insurance premiums. However, there is one important exception – if you refused the breath test – and lost the Department of Licensing Administrative Hearing – SR-22 insurance will be still be required for at least three (3) years . You will also have to obtain an ignition interlock license if you want to drive during the period of revocation.

To be eligible for a deferred prosecution you must state that the wrongful conduct (DUI) was caused by or a result of alcoholism (dependency), drug addiction or mental problems. Alcohol “abuse” is not included per se. In other words, you can have a problem with alcohol (abusive maybe), but it does not rise to the level of dependency – then you will not be eligible for deferred based on alcoholism.

Probably not. Usually, I would recommend against entering a deferred prosecution on a first offense DUI. In Washington State you get one opportunity to do a deferred prosecution in your lifetime. However, there are exceptions , many clients have little choice because of personal, career or employment considerations. I have had doctors, lawyers, executives, police officers and other professionals enter into a deferred prosecution on a first offense, especially when a DUI conviction was not an acceptable option. Often, with these clients, a reduction even to reckless or negligent driving first degree is still an unsatisfactory resolution. I also do not like a deferred prosecution because like a DUI conviction it has a five year probationary period – whereas reckless and negligent driving the maximum probationary time period is two years. Obviously, you must still meet the eligibility requirements of a deferred prosecution. That said, every person’s situation is unique and you should consult with a DUI attorney to find the best option for you.