Deferred prosecution in Washington State is a treatment program under RCW 10.05 that lets a person charged with a misdemeanor or gross misdemeanor, most often a DUI, avoid a conviction. You admit you need treatment for a substance use disorder or mental health condition, complete a two-year treatment program, and follow the court’s conditions for five years. If you succeed, the judge dismisses the DUI charge.
There is a serious risk if the program fails. You waive key trial rights and agree that the police report can support a guilty finding if deferred prosecution is revoked. The case also counts as a DUI prior offense. Since January 1, 2026, Washington allows a second DUI deferred prosecution in limited cases. Veitch Ault Defense handles these cases from offices in Bellevue and Lynnwood.
Key Takeaways
- Deferred prosecution leads to a dismissal, not an acquittal. You are never found “not guilty”; the charge is dismissed after you complete the program and meet the court’s conditions.
- A Washington deferred prosecution lasts five years. The treatment plan generally lasts two years, followed by three more years before the court can dismiss the charge.
- It still goes on your record. A DUI deferred prosecution is entered on your Department of Licensing (DOL) driving record and counts as a prior offense if you face another DUI.
- A second DUI deferred prosecution is now possible. Washington law allows a second deferred prosecution in certain DUI and physical-control cases under rules that took effect January 1, 2026.
- Is deferred prosecution worth it? Often, if you need treatment. It can prevent a DUI conviction, but you give up trial rights and can be found guilty based on the police report if the court revokes the program.
What Is a Deferred DUI Prosecution in Washington State?
A deferred DUI prosecution is a court-supervised agreement that puts the criminal case on hold while the defendant receives treatment. Under RCW 10.05.010, it is available in Washington courts of limited jurisdiction, which means district and municipal courts. It is not available for a felony, including felony DUI.
The petition must state that the conduct was caused by a substance use disorder, mental health disorder, or another condition covered by the law, and that the problem is likely to cause the conduct to happen again without treatment. A qualified provider must also complete an assessment.
This law also covers some other misdemeanor and gross misdemeanor cases, including certain domestic violence matters, under separate rules.
What Are the Deferred Prosecution Requirements in Washington?
The deferred prosecution requirements in Washington are set by RCW 10.05.
- The charge must qualify. Deferred prosecution is available for eligible misdemeanors and gross misdemeanors handled in district or municipal court, not felonies.
- You must be evaluated. An approved behavioral health provider must assess you and prepare the required case history and treatment recommendation.
- You must file on time. State law requires the petition to be filed at least seven days before trial unless the judge finds good cause to waive the deadline.
- You must accept the treatment plan. If the court approves it, you agree to follow the plan and pay its cost if you are financially able.
- You waive important trial rights. You agree that the police report is admissible and sufficient to support a guilty finding if deferred prosecution is later revoked.
- You must follow DUI-specific conditions. Substance use disorder cases require abstinence and testing, and DUI deferred prosecutions require an ignition interlock restriction under Washington law.
- Prior deferred prosecutions can affect eligibility. Washington now allows a second DUI deferred prosecution only when the requirements in the amended statute are met.
Is Deferred the Same as Dismissed?
No. Deferred isn’t the same as dismissed, at least not at first, and it isn’t the same as being found not guilty.
When the judge grants deferred prosecution, the DUI charge remains pending while the case is put on hold. A not-guilty verdict means the government took the case to trial and failed to prove guilt. Deferred prosecution follows a different path: you waive several trial rights, complete treatment, and remain under court conditions.
The dismissal comes later. For a standard DUI deferred prosecution, the court cannot dismiss the charge until at least five years after the deferred prosecution order was entered.
How Long Does Deferred Prosecution Last in Washington?
A DUI deferred prosecution in Washington lasts at least five years before dismissal. The treatment program for substance use disorder or a qualifying co-occurring disorder lasts two years and includes abstinence, testing, and ongoing treatment contacts.
After treatment is complete, the case remains deferred. Under RCW 10.05.120, the judge dismisses the charge three years after receiving proof that treatment was successfully completed, as long as the person followed the remaining conditions. Dismissal cannot occur before five years from entry of the deferred prosecution order.
Does a Deferred Prosecution Go on Your Record?
Yes. A DUI deferred prosecution goes on your record even though it doesn’t result in a DUI conviction when completed successfully. Washington law requires the DOL to enter the charge and acceptance into deferred prosecution on the person’s driving record. DOL must keep records of deferred prosecutions permanently.
A DUI deferred prosecution also qualifies as a “prior offense” under RCW 46.61.5055. That means it can affect the penalties and charging rules for a later DUI.
What you avoid after successful completion is a DUI conviction. That distinction is significant because a Washington DUI conviction cannot later be vacated under the ordinary misdemeanor-vacation law.
Can You Get a Second Deferred Prosecution in Washington?
Yes, you can get a second DUI deferred prosecution in Washington in limited cases. This change took effect January 1, 2026, after lawmakers amended RCW 10.05.010.
The rule is narrow. A person who used deferred prosecution for a first DUI or physical-control violation may petition again for the next DUI or physical-control violation. The person cannot have other convictions that meet Washington’s definition of a DUI “prior offense.” The first deferred prosecution itself doesn’t count as a prior offense when the court decides eligibility for the second one.
The court must still make the findings required for treatment eligibility. If the first deferred prosecution is still active, it must be revoked before the second one is entered. A person cannot remain on two separate deferred prosecutions at once, except for qualifying offenses committed within seven days and consolidated into one program.
How Does the Deferred Prosecution Process Work?
- Get evaluated. An approved provider completes an assessment to determine whether you have a qualifying condition and recommends a treatment plan.
- File the petition. The petition, assessment, and related documents are filed with the district or municipal court. State law generally requires filing at least seven days before trial.
- Attend the hearing. The judge reviews the petition, assessment, treatment plan, and your eligibility before deciding whether to grant deferred prosecution.
- Waive your rights on the record. The court explains the rights you are giving up. These include the rights to a speedy and jury trial, to testify, to call witnesses, and to present evidence. You also agree that the facts in the police report are admissible and sufficient if the case is later revoked.
- Receive the deferred prosecution order. If the court approves the plan, the criminal case is deferred and the treatment and court conditions begin.
- Comply with the program. You complete the two-year treatment plan and follow all remaining court conditions during the five-year deferral period. Court supervision may include regular reviews of your driving and criminal records.
- Receive the dismissal. Once the statutory time has passed and the court receives proof that you completed treatment and complied with the conditions, the pending charge is dismissed.
There is also a separate DOL process. A driver who took a breath or blood test can submit DOL’s Intent to Seek Deferred Prosecution form to request a temporary postponement of the administrative license suspension. The stay lasts no more than 150 days after charges are filed or two years after arrest, whichever is shorter. It is not available for a test refusal or CDL disqualification.
What Happens If You Violate a Deferred Prosecution?
A violation can put the deferred prosecution at risk. Examples include failing to follow the treatment plan, violating ignition-interlock conditions, or being convicted of a similar offense committed while the case is deferred.
For a treatment violation, the court holds a hearing and decides whether the person should remain in the program. If the court revokes deferred prosecution, it enters judgment under the rights waiver and stipulation signed at the start of the case. The defendant doesn’t return to a normal DUI trial with the usual opportunity to challenge the police report through witnesses and cross-examination.
Is Deferred Prosecution Worth It?
Deferred prosecution can be a useful option for someone who has a qualifying treatment need and is prepared to follow strict conditions for years. Successful completion avoids a DUI conviction and ends with dismissal of the charge.
There are also substantial tradeoffs. You give up important trial rights, the deferred prosecution counts as a prior offense, and failure can lead to a guilty finding based on the stipulated police report.
If the DUI evidence is weak, giving up the chance to challenge that evidence at trial may carry a greater cost. An attorney can compare the evidence, possible defenses, treatment needs, and deferred prosecution requirements before a petition is filed.
How Veitch Ault Defense Helps With Deferred Prosecution
Robert Ault has practiced law in Washington since 2004. Before recommending deferred prosecution, he can review the traffic stop, field sobriety testing, breath or blood evidence, and other parts of the state’s case to see what defenses may be available.
Our team can explain whether deferred prosecution is available and how it compares with fighting the charge or seeking another resolution. The firm can also guide clients through the evaluation, petition, and court hearing from its Bellevue and Lynnwood offices.
Frequently Asked Questions
Can you get deferred prosecution for a felony in Washington?
No. Chapter 10.05 deferred prosecution is available in Washington’s courts of limited jurisdiction for qualifying misdemeanor and gross misdemeanor charges. It is not available for a felony prosecuted in superior court. That includes a DUI charged as a felony.
Do you have to admit guilt for deferred prosecution?
No guilty plea is required. You do, however, waive major trial rights and stipulate that the facts in the written police report are admissible and sufficient to support a guilty finding. If the court later revokes deferred prosecution, that stipulation can be used to enter judgment on the original charge.
Do you lose your license with a deferred prosecution in Washington?
Not necessarily. The criminal deferred prosecution and DOL administrative case are separate. If you took the breath or blood test and notify DOL that you plan to seek deferred prosecution, DOL may postpone its administrative suspension while the petition is pending. Test refusals and CDL disqualifications do not qualify for that stay.
If deferred prosecution is granted, DOL places the license on probationary status, and DUI deferred prosecution also carries an ignition-interlock restriction. For a first such restriction, the statutory IID period is at least one year.
Can a deferred prosecution be vacated after it’s dismissed?
There is no DUI conviction to vacate after a deferred prosecution is completed successfully because the court dismisses the pending charge. The deferred prosecution itself does not disappear, however. It remains on the DOL driving record and continues to qualify as a DUI prior offense under Washington law.
Talk to a Washington DUI Attorney About Deferred Prosecution
Deferred prosecution can avoid a DUI conviction, but it comes with five years of consequences and requires you to give up important trial rights. Call Veitch Ault Defense at 425-452-1600 for a free consultation about whether deferred prosecution fits your Washington DUI case.