

Washington State DUI Deferred Prosecution
Petitioning for DUI Deferred Prosecution in Snohomish County
One of our tasks at DUIHeroes is giving our clients as many options as possible for a favorable outcome. Even if you’re likely to be convicted of DUI in Washington, you may have several options available to you. One of those options is a DUI Deferred Prosecution program. If alcohol or drugs have become a consistent problem in your life and you have received repeated DUI charges, the court may grant you deferred prosecution.
There are two main benefits of a DUI Deferred Prosecution program: you can get help fighting addiction and mitigate the long-term damage caused by another DUI conviction. When completed, deferred prosecution results in dismissal of the DUI charges—an enormous benefit to defendants. The deferred prosecution only remains on your record if you get another DUI in the future, in which case it will count against you.
The Revised Code of Washington (RCW) lays out the specifics of this program. Specifically, RCW 10.05 gives you the ability to petition the court for deferred prosecution on your DUI case, but only if it is clear that substance addiction or alcohol-use disorder is a contributing factor to your history of DUI arrests. It is important to keep in mind that this program is not for everyone: it takes five years minimum to complete. The good news is that if you successfully complete it, you’ll avoid conviction. If you want to know more about what this program expects and who can use it, connect with DUIHeroes today.
Learn more about DUI deferred prosecution in Washington by scheduling a consultation with our Snohomish County DUI defense lawyers by calling (425) 296-9358.
Do I Qualify for the Deferred Prosecution DUI Program?
To qualify for DUI deferred prosecution in Washington, you must first have a serious alcohol problem for which treatment is required. The law extends to include mental health and drug-related deferred prosecutions as well. If you have one of these three problems, believe you may need treatment, and at risk for committing another offense without treatment, you will qualify.
To complete, you must meet the following requirements for five years:
- Complete a two-year addiction treatment program
- Attend two weekly AA or sober-support meetings
- Abstain from all alcohol and non-prescribed drugs
- Agree to install an ignition interlock device in your vehicle
Keep in mind that this option requires admitting to DUI or DWI. Fighting your charges is mutually exclusive with petitioning for deferred prosecution. If you believe that you did not commit a crime and are innocent of the DUI or DWI charge, this is not the option for you.
Drawbacks of Deferred DUI Prosecution in Washington
Though this may seem like an easy path towards having your charges dismissed, there are a number of drawbacks of which you must be aware. If you fail to complete all aspects of the program, you will be found guilty of the underlying DUI and sentenced. Additionally, you may be subject to maximum sentencing. Participating in the program requires giving up your right to a trial and your right to challenge all evidence and the case. Finally, you only are allowed one deferred prosecution for your entire life.
The DUI Deferred Prosecution program is not to be taken lightly. It is best used in second and multiple DUI offenses where the mandatory minimum penalties are quite high and the likelihood of another offense looms large.
Legal Guidance from Washington DUI Defense Lawyers
If you are considering taking this path, we can discuss whether or not you qualify for deferred prosecution DUI and determine if it’s a good idea for you. If it is, we will guide you through the process of getting all of the paperwork prepared and filed with the courts. All of this is part of the high-quality representation you get at DUIHeroes.
Our firm defends defendants facing DUI charges all over Washington:
At our law office, we make sure to give our full, undivided attention to every case. You will not be ignored or swept aside; we consciously limit our caseload so that we can exhaust every option available to our clients. This way we can help you to the best of our ability in obtaining a favorable outcome for your DUI case.
To learn more details about your case, schedule a consultation with our Washington DUI attorneys at (425) 296-9358 see your best legal options for DUI deferred prosecution.


Average of 95% of First Offenses Reduced or Dismissed*
Proven, Respected & Recognized
At DUIHeroes, we exclusively defend DUI cases—nothing else. Our attorneys, including two former prosecutors, bring specialized insights and unmatched experience to the courtroom, ensuring you get the best possible defense.
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AmendedWRONG WAY DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Client had driven several times over the lane divider into oncoming traffic, smelled of alcohol, showed poor coordination, admitted to drinking, and gave a breath test over .18. – Kittitas County, WA
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AmendedDRUG DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Drug DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Oak Harbor, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. - Mountlake Terrace, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE IN EVERETT
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Everett, WA
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DismissedDUI DISMISSED DUE TO ILLEGAL ARRESTClient was stopped for driving without headlights and performed poorly on field sobriety tests. The officer in question, however, was shown to have performed the tests illegally and improperly, both coercing and tainting the evidence. Client was arrested and booked into jail for DUI. At a motions hearing, a judge dismissed the case in full as the officer was found to have illegally obtained evidence and illegally arrested our client. - Mill Creek, WA
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Reduced3RD OFFENSE IN LIFETIME DUI REDUCED TO NON-DRIVING OFFENSEClient charged with a 3rd offense above .15 breath test DUI. Presented evidence to the prosecutor about the validity of the traffic stop. DUI was reduced to Reckless Endangerment which is a non-driving related offense with no mandatory jail or licensing consequences. Client was thrilled! - Lynnwood, WA
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Reduced2ND OFFENSE IN LIFETIME DUI REDUCED TO MISDEMEANOR WITH NO JAIL OR FINEClient charged with a 2nd offense DUI in her lifetime. Prosecutor was presented with evidence that the blood vials used to draw her blood were expired and evidence that the Office who arrested her did so with a variety of tainted evidence. DUI was reduced to Negligent Driving in the 1st Degree and the court waived the fine and imposed no jail time! - Lynnwood, WA
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Amended3RD OFFENSE DUI
3rd offense DUI Amended to Reckless Driving through negotiation. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client slammed into a concrete barrier, admitted to seven bottles, and refused a test of his blood. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client refused a test of his breath. - Lynnwood, WA

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Highly recommend Kaia and the team“Kaia has been extremely communicative, easygoing, and understanding.”
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Competent, Caring, and Compassionate“A remarkable team of competent, caring, and compassionate attorneys.”O- Olaf


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