Washington State law offers an alternative to prosecution in DUI cases. If you have an alcohol and/or mental health problem, you can complete a two year intensive outpatient treatment program in lieu of criminal prosecution. If you successfully complete the treatment program and abide by all other conditions imposed by the court (such as AA meetings, imposition of an ignition interlock, court costs, etc.) the criminal case will be dismissed. The dismissal will occur three years after the completion of the treatment program but not sooner than five years from the entry of the deferred prosecution. The dismissal will include the Department of Licensing administrative action unless you refused to submit to a breath test.

You can participate only once in a deferred prosecution program in a lifetime. Eligibility for the program requires that you acknowledge your alcohol and/or mental health problem and that you believe you may re-offend if the problem is not treated. You must also tell the court that you do not believe you are innocent of the charge.

When you enter a deferred prosecution program, you give up your right to a trial. If you violate the terms and conditions imposed by the judge, the court can revoke the deferred prosecution and find you guilty of DUI by simply reading the police reports.