9. 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:

1. Total abstinence from alcohol or drugs;
2. Participation in an intensive inpatient or outpatient program;
3. Participation in a minimum of two meeting per week of a self help program such as AA;
4. Not less than weekly outpatient counseling for a minimum six months following the intensive program;
5. Not less than monthly outpatient contact for the remainder of the program.
6. Ignition interlock is required to the same extent as a conviction.

Eligibility requires:

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

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  © 2003 James Franzen. All Rights Reserved.