Should I Enter a DUI Deferred Prosecution?
By Bill Bowman | January 17, 2010Many of my clients come to my office convinced that they want to pursue a DUI deferred prosecution. Most of them have heard about this option from friends or family. Some have even been steered in that direction from the arresting officer. Almost none of them, however, have any idea what this program actually entails.
A person is eligible for a deferred prosecution if he has a problem with alcohol (or a mental health problem) such that he is likely to re-offend if he does not receive treatment. As part of the program the court will require that he successfully complete a two year intensive outpatient treatment program. This typically means that he will be required to participate in three group meetings per week and two AA meetings per week for the first three months, one group meeting per week and two AA meetings per week for the next nine months and one group meeting per month and two AA meetings per week for the remainder of the two years. Additionally, the court will require that he have an ignition interlock device in his car for at least the first year of the program. The court will continue the case for an additional three years following the successful completion of the two year program. If, after this five year period, he has complied with all of the court’s conditions (which include no consumption of alcohol or non-prescribed drugs) the court will dismiss both the criminal case and the DOL administrative action (unless it involves a refusal to take a breath test). If he is found to be in violation of any condition of the deferred prosecution at any point during the five year period, however, the program will be revoked, the judge will enter a finding of guilt and all of the penalties of the DUI and DOL administrative action will be imposed. In this sense, a deferred prosecution is an “all or nothing” ordeal.
A deferred prosecution can be a great program for people who truly have a problem with alcohol (or mental health issues) and are committed to successfully completing a treatment program. For those who see it as an easy way to avoid a DUI conviction, however, they couldn’t be more mistaken. Instead it is a very difficult and time consuming program that can very easily self destruct. Whether this program is right for you requires consultation with your attorney, a discussion with your treatment provider and some serious soul searching.
