Deferred Prosecution for DUI

You Can Get Help and Avoid Jail

Deferred prosecution is a way to avoid criminal penalties and DOL license suspension for people whose addiction problems caused their DUI.  The state recognizes that in DUI cases where addiction is a contributing factor to the offense, it makes more sense to rehabilitate someone than to punish them.  You do not have an automatic right to a deferred prosecution.  As your DUI defense lawyer, David Fuller can help you apply and qualify for a deferred prosecution in your DUI case.

The Benefits of Deferred Prosecution:

Completing the deferred prosecution program will give you many benefits that are not available to you if you were to be found guilty and reduces the chances of a guilty verdict.

  1. You will not be sentenced to jail.
  2. DOL will not suspend your license, provided that you submitted to a breath test.
  3. No expensive SR-22 high risk insurance.
  4. The DUI can be removed from your criminal record.
  5. You can seek treatment for your addiction and regain control over your life.

DUI Deferred Prosecution: The Steps:

  1. You must have a significant addiction to alcohol or drugs and that addiction had to have occurred as a result of the addiction.  This is proved by having an evaluation done by a state certified substance abuse diagnosis and treatment provider.
  2. In order to enter the deferred prosecution program, you must agree that if you violate any of the program’s conditions, then the judge may simply make a finding of guilt or innocence on the DUI charge by reading the police reports and that you could not request a trial, bring witnesses, or contest the evidence.  This means that you if you want to do a deferred DUI prosecution, you must be committed to the program.
  3. You must commit to the 2 year treatment program set up according to state guidelines.  You must be able to show that you are complying with this program. This program includes regular attendance at Alcoholics Anonymous meetings or other self help meetings during the two year period; however, the court can require it for the full 5 year probation period.
  4. You must commit to the 5 year probation period.  Probation means that you are supervised by the local jurisdiction’s probation office, including regular meetings with your probation officer.  Depending on the court, the probation restrictions can be reduced after you complete the treatment program.
  5. You must install an ignition interlock device on your vehicle.
  6. You must bear all costs of the deferred prosecution including the costs of treatment and the cost of probation.  Some treatment providers bill on a sliding scale, based on your income.

The deferred prosecution is one of the best options for someone who has been arrested for a DUI and wants to avoid jail time and automatic license suspension.