One of the more controversial areas in Washington DUI law is the deferred prosecution. Under RCW Chapter 10.05, a person who truly believes they suffer from either alcohol or drug addiction or mental illness can petition the court for a dismissal of his or her DUI charge. In exchange, that person must undergo an intensive alcohol, drug or mental health treatment program, complete the program successfully and follow all conditions of the court for a period of five years. Successful completion likely means a dismissal. Failure almost certainly means a conviction.  Links to the complete RCW chapter have been provided but anyone seriously considering this approach must speak with a DUI attorney first.

For more information see our article on whether a Deferred Prosecution is right for you:  Deferred Prosecution

RCW 10.05 - Deferred prosecution - courts of limited jurisdiction.

RCW Sections

10.05.010  Petition – Eligibility.

10.05.015  Statement of availability.

10.05.020  Requirements of petition – Rights of petitioner – Court findings.

10.05.030  Arraignment continued – Treatment referral.

10.05.040  Investigation and examination.

10.05.050  Report to court- Recommended treatment plan – Commitment to provide treatment.

10.05.055  Child welfare services.

10.05.060  Procedure upon approval of plan.

10.05.070  Arraignment when treatment rejected.

10.05.080  Evidence, uses and admissibility.

10.05.090  Procedure upon breach of treatment plan.

10.05.100  Conviction of similar offense.

10.05.110  Trial delay not grounds for dismissal.

10.05.120  Dismissal of charges.

10.05.130  Services provided for indigent defendants.

10.05.140  Conditions of granting.

10.05.150  Alcoholism program requirements.

10.05.160  Appeal of deferred prosecution order.

10.05.170  Supervision as condition – Levy of assessment.