When a person is charged with Driving under the influence charge in Washington State they face a mandatory amount of jail, a mandatory fine, a mandatory license suspension, a mandatory ignition interlock requirement, and period of probation. These penalties vary depending on the number a prior DUI's a person has and what the breath or blood alcohol level was.
However despite these penalties if a person is charged with a DUI they can choose to enter into what's called a deferred prosecution. This allows the accused to defer and potentially avoid all the mandatory jail, fines, and license suspension if they agree to and complete certain terms. A person can do a deferred prosecution once in their lifetime for a DUI charge.
Now this may seem like a great idea, but a deferred prosecution is very complex resolution with very strict guidelines. Essentially in order to qualify for a Deferred Prosecution the first thing you need to do is a complete an alcohol and drug evaluation. The results of this evaluation must find that you suffer from alcohol or drug dependence, and that you will enter and complete a two year alcohol and or drug treatment program. The cost of this type of program depends on the individual treatment center where the program will be, whether you have insurance that might cover some of this. But generally the cost is around $3,000 - $6,000 on this 2-year treatment plan.
In addition to the two year treatment plan, you will enter into a contract with the Court where DUI case is in. You will have to agree to a contract between you and the Court that will last five years. During those five years if you successfully start and complete the two year treatment plan, abstain from alcohol and drugs, agree to be monitored by probation, stay out of trouble, and agree to having a functioning ignition interlock device in your vehicle the Court will dismiss DUI charge at the end of the 5 years.
However, if you fail to live up to your end of the bargain, one of the drawbacks of the Deferred Prosecution is that you agree that there are enough facts in the police report to find you guilty, and you waive your right to have a jury trial. So if at any time during these five years if it can be shown by a preponderance of evidence that you're in violation of any of the agreed terms of the Deferred Prosecution the Judge can revoke your deferred and impose all the mandatory penalties allowed by law.
Having the right Seattle DUI Lawyer on your case can mean the difference between a good outcome and a bad one. Don't wait on hiring a Seattle DUI Lawyer!
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