Washington offers something most people facing a DUI have never heard of: a path that ends in dismissal rather than conviction, in exchange for years of treatment and supervision. It is called deferred prosecution, it runs under chapter 10.05 RCW, and it is not a plea bargain or a diversion program in the ordinary sense. The Rossback Firm evaluates it in DUI cases out of downtown Aberdeen, and the honest assessment is that it fits some people extremely well and is a serious mistake for others.

What is a deferred prosecution?

It is a court order that postpones prosecution while you complete a state-approved treatment program. If you finish the program and comply with every condition the court imposes, the charge is dismissed. If you do not, the court enters a conviction without a trial.

The premise built into the statute is that the criminal conduct was caused by a treatable condition. Under RCW 10.05.020, the petition must allege under oath that the charged conduct resulted from a substance use disorder, mental health disorder, or domestic violence behavior problem, that you need treatment, and that without it the probability of recurrence is great. The court will not accept a petition from someone who believes he is innocent or who does not believe he has the condition.

Who is eligible?

Eligibility starts with timing and an assessment. The petition must be filed at least seven days before the date set for trial under RCW 10.05.010, though a court may waive that on a written showing of good cause, with the petitioner reimbursing witness fees. The petition has to include a case history and written assessment prepared by a behavioral health agency approved under chapter 71.24 RCW.

The lifetime limit works differently than most summaries suggest. A person who used a deferred prosecution for a first DUI or physical control charge may petition for a second one on the next such charge, provided there are no other prior convictions that count as a prior offense under RCW 46.61.5055, and the first deferred prosecution does not count against that requirement. A person who did not use a deferred prosecution in the first case remains eligible for one, but only once. You cannot be on two at the same time, and a first deferred prosecution has to be revoked before a second can be entered.

The evaluating agency also has to find you amenable to treatment. Under RCW 10.05.040, that means completing residential treatment, or a minimum of 18 hours of intensive outpatient treatment for a substance use disorder petition, or six sessions for a mental health petition, unless the court waives the requirement for good cause.

What do you give up to get one?

Nearly every trial right, permanently. Before the order is entered you must waive the right to a jury trial, the right to a speedy trial, the right to testify, the right to call witnesses, and the right to present a defense. You also stipulate that the facts in the written police report are both admissible and sufficient to convict.

That stipulation is the mechanism that makes the program work, and the reason it is dangerous for the wrong case. If the deferred prosecution is later revoked, the court enters judgment on that stipulation. There is no trial, no cross-examination of the officer, and no argument about the breath test. A case with a genuine suppression issue or a weak stop is usually worth litigating first.

What does the two-year treatment program require?

RCW 10.05.150 sets a two-year minimum program with specific components. Total abstinence from alcohol and all nonprescribed mind-altering drugs runs the entire period, verified by periodic random urinalysis or breath analysis.

Treatment begins with an intensive outpatient program or residential inpatient treatment depending on the severity of the diagnosis, along with at least two self-help recovery support meetings per week for the duration of the treatment program. After the intensive phase, outpatient counseling continues no less than weekly for a minimum of six months, followed by outpatient contact at least monthly for the remainder of the two years. If you relapse, the statute requires a full reassessment and new recommended treatment. Your provider reports to the court monthly on cooperation and progress.

What does it cost?

The petitioner pays for the diagnosis and treatment if financially able, and the treatment plan filed with the court under RCW 10.05.050 must state the approximate cost, so the number is disclosed before you commit. Funds are available under RCW 10.05.130 for indigent petitioners who cannot pay.

Treatment is not the only expense. Every substance use disorder case requires an ignition interlock installed under RCW 46.20.720, with installation and monthly leasing charges paid by the driver. The court also orders proof of liability insurance at no less than the amounts in RCW 46.29.490, and may order restitution and costs. Where the court imposes supervision, it may levy a monthly assessment under RCW 10.64.120, and that supervision includes monthly contact, driving abstracts every three months, and criminal history checks every ninety days.

What happens to your driver’s license?

Better than a conviction, and better than an unchallenged administrative suspension. Acceptance is reported to the Department of Licensing, and the entry is not a conviction for purposes of Title 46 RCW. You apply for a probationary license under RCW 46.20.355, and your license carries probationary status for five years from the date of the violation.

The administrative suspension arising from the arrest is stayed while a deferred prosecution is pending and canceled when it is completed. Two exceptions matter. That relief does not apply when the suspension is based on a breath test refusal, and it does not protect a commercial driver’s license or the privilege to operate a commercial vehicle.

When are the charges actually dismissed?

Later than most people expect. Under RCW 10.05.120, dismissal comes three years after the court receives proof of successful completion of the treatment plan and proof of compliance with post-treatment conditions, and in no event before five years have passed since the order was entered.

Five years of abstinence, monitoring, and clean conduct is the real price. During that stretch, a conviction for a similar offense committed while on the program triggers removal and judgment.

What happens if you fail?

The provider reports the breach to the court, the prosecutor, and your attorney. The court holds a hearing where you can present evidence, then either continues you on the plan or removes you from the program. Removal means judgment entered on the facts you already stipulated to, notice to the Department of Licensing, and sentencing on the original charge. The deferred prosecution also counts as a prior offense for sentencing purposes if a future DUI follows.

How The Rossback Firm evaluates whether it fits

The first question is whether the state’s case is strong. A deferred prosecution trades away the entire defense, so it makes sense when a conviction is likely and treatment is genuinely needed, not as a way to avoid a case that might be beaten. From there the analysis turns to the assessment results, whether a five year commitment is realistic given your work and family situation, and whether saving the deferred prosecution for a possible future case is the smarter play.

Deferred prosecution can end a DUI case in a dismissal, but it asks for total abstinence, two years of treatment, five years of court involvement, and the surrender of every trial right at the outset. Whether it is the right choice depends on the strength of the evidence, the assessment, and what you can realistically sustain. The Rossback Firm reviews DUI cases for drivers in Aberdeen, Hoquiam, Montesano, and the surrounding counties, examines whether the state’s evidence holds up before recommending a path, and handles the petition when the program is the right fit. If a trial date is approaching, that evaluation should happen well before the seven day filing deadline.