Deferred Sentencing Alternative
A very powerful tool in a Washington DUI lawyer's arsenal is the deferred sentencing option that judges have in most cases. A deferred sentence means exactly what it sounds like. Upon conviction of a crime in Washington, either by way of guilty plea or after trial, a judge may opt to "defer" sentencing for a period of time. In most cases the period of deferral would be one or two years. If after this period of time the defendant complied with the conditions set by the court, the case would be readressed, the guilty plea withdrawn or finding of guilt vacated, and the charge would be dismissed. Surprisingly few attorneys, when allowed, request this option for their clients. It is the position of the DUI attorneys at Milios Defense that a deferred sentence should be requested in every case that it is permissible to do so.
RCW 3.66.067 and .068 addresses the concept of the deferred sentence in Washington. RCW 46.61.5055 comments upon the deferred sentence as it applies in Washington DUI cases. Essentially it is within the discretion of the court to grant a deferred sentence in all criminal traffic cases, even DUIs. There are however limitations to this possibility some written, others not. In cases of a DUI conviction, the minimum mandatory sentencing consequences (jail, fines, license suspension, etc.) can not be deferred. However, a judge may grant that the remainder of the sentence be deferred and even allow for the case to be ultimately dismissed after the period of deferral. The unwritten limitation to the granting of deferred sentences on Washington DUI convictions is the plain fact that most judges just won't grant it. Currently, only a handful of judges in Washington will even consider granting such a request. Many don't believe it is allowable under the law. Additionally, even if a DUI sentence is deferred, the fact of the conviction will still be recognized by the Washington DOL and will go on the person's driving record.
The deferred sentencing alternative tends to come into play more in cases where the original charge of DUI is reduced to a lesser offense (i.e. negligent driving, reckless driving) or where the charge is originally filed as that lesser offense. To be eligible for a deferred sentence, most courts will require that the person have never had a previous deferred sentence or previous criminal onvictions. It is generally intended for the person who has never been in trouble before. Even with lesser charges however, some courts will balk at granting a deferred sentence when the original charge is DUI. Since a successfully completed deferred sentence results in a dismissal of the charge, the conviction can't be used at a sentencing hearing in case of future criminal or DUI convictions. This fact alone scares off many judges from granting the deferred sentence. Additionally, some prosecutors will condition a reduction from a DUI charge on the defense not seeking a deferred sentence. Finally, as is the case with a deferred sentence for a DUI conviction, a deferred sentence granted on a lesser offense will not be acknowledged by the DOL and the charge will go on the driving record.
Still, there is no reason not to request a deferred sentence when legitimately able to do so. If successful it will allow a peson to lawfully say that she has not been convicted of that crime. A person need not worry about going throught the unpredictable hassle of the expungement process. It keeps an otherwise marred criminal record clean. To best position oneself for an eventual deferred sentence, review our DUI Self Help Guide and contact one of our Seattle DUI attorneys as soon as possible. We are very knowledgable about the courts and judges who are friendly to the concept of a deferred sentence.
NOTE: A deferred sentence is NOT a deferred prosecution. These are two completely different concepts and only share the term "deferred" in common. Reveiew our Deferred Prosecution section for more information.