Not everyone is eligible for this program, however. The State of Washington requires that the defendant has a significant alcohol or drug problem, which can only be established through an evaluation given by a state approved treatment agency. If this state agency determines that the criminal activity occurred as a result of alcoholism or drug addiction, and the defendant is willing to seek treatment for the problem, then the defendant id eligible for deferred prosecution.

A defendant should NOT take this program lightly. This is not a “get out of jail free card.” This two-year treatment program is quite intense, and the court usually requires an individual to strictly comply with the terms of the program. The consequences for failure to successfully complete the terms of this program may be harsh.

Washington state law allows for each individual to have only one deferred prosecution during their lifetime. Revocation of a deferred prosecution will generally result in a conviction for that DUI, as well as any additional charges which accompanied the DUI charge.