If you've been charged with DUI in Washington, you may have heard the term "deferred prosecution" come up. It sounds appealing: defer the prosecution, avoid a conviction. But deferred prosecution is a serious commitment with significant requirements, and it's not the right option for everyone.


Here's an honest breakdown of what it involves and when it makes sense.


What Is Deferred Prosecution?

Deferred prosecution (DP) is a statutory program under RCW 10.05 that allows a person charged with a misdemeanor, including DUI, to enter a two-year treatment program instead of going to trial. If you successfully complete the program, the charges are dismissed.


It's one of the only ways to avoid a DUI conviction without winning at trial.


What the Program Requires

This is where it gets real. A deferred prosecution is not a light commitment.

  • You must admit there is sufficient evidence to find you guilty. You're essentially agreeing that the state has the evidence to convict you, even if you'd have a strong defense at trial.
  • Two years of treatment. This typically involves an intensive outpatient program for alcohol or drug dependency. There's a diagnostic evaluation first to assess the appropriate level of care.
  • AA or NA attendance. Most DP programs require regular support group attendance throughout.
  • Five-year probation. Even after treatment ends, you'll be on probation for a total of five years from the date of the order.
  • Ignition Interlock Device (IID). Required for the duration.
  • No new offenses. Any new violation, even a minor one, can result in the DP being revoked and you facing sentencing on the original charge.


You Can Only Use It Once OR TWICE in Your Lifetime

This is the part that catches people off guard. Under new 2026 Washington law, you may only use deferred prosecution on your first offense and then again if you successfully completed that first one. For cases that happened prior to 1/1/26, you only got one lifetime option. If you used it prior and get another DUI, that option is gone. That's why it's critical to think carefully about whether this is the right moment to use it, or whether there are better ways to handle the current charge.


When Deferred Prosecution Makes Sense

DP tends to be worth considering when the evidence against you is strong and there are limited viable defenses, when you genuinely want to address an alcohol or substance dependency, when you want to avoid a conviction and the mandatory minimum penalties, or when a conviction would significantly affect your employment, CDL, or professional license.


When It Might Not Be the Right Call

If you have a strong defense, going to trial or negotiating a reduced charge may be a better path. If you're not genuinely committed to the treatment program, revoking a DP is worse than not filing one. And if you've already used your one deferred prosecution, this option isn't available to you.


Talk to an Attorney Before Deciding

The decision to pursue deferred prosecution is one of the more significant choices in a DUI case. It affects your next five years, your criminal record, and your ability to use DP in the future. I discuss this option with clients in detail during consultations and give a straightforward assessment of whether it's right for their situation.


Free consultations for DUI cases in Yakima and Kittitas Counties: (509) 293-7593.


Tony Swartz is a DUI defense attorney based in Ellensburg, WA.