What is a deferred prosecution?

The court has authority to defer a charge of DUI for Five (5) years and dismiss the charge on successful completion of a deferred prosecution program three years after the date treatment has been completed. A deferred prosecution program requires:

  • Total abstinence from alcohol or drugs
  • Participation a two year alcohol treatment program consisting of intensive outpatient or inpatient treatment.
  • Participation in a minimum of two meeting per week of a self help program such as AA
    Ignition interlock

Eligibility requires:

  • An evaluation from an alcohol or drug treatment agency finding a significant problem with alcohol or drugs
  • No prior deferred prosecution programs
  • Financial ability to pay for the program

Agencies we recommend are:

  • Northwest Resources - (360) 943-8810
  • Damon Counseling - (360) 491-0920
  • The Right Step - (360) 923-9585
  • Stop Tacoma - (253) 471-0890

NOTE: THE ALCOHOL ASSESMENT AGENCY WILL ASK YOU TO SIGN A RELEASE. ONLY SIGN A RELEASE WHICH RELEASES INFORMATION TO THIS OFFICE. NEVER SIGN A BROAD RELEASE OR A RELEASE AUTHORIZING THE AGENCY TO SEND THE INITIAL REPORT TO THE COURT.

Advantages of a Deferred Prosecution

  • Your license is NOT suspended
  • You serve no time in jail
  • No high risk insurance
  • No conviction

Disadvantages of a Deferred Prosecution

  • Two years of treatment
  • You can only do one in a lifetime
  • You still pay probation fees
  • Ignition Interlock is still required
  • CDL is still suspended