For years, Washington State's deferred prosecution program operated under a strict "once in a lifetime" rule. If you used your one opportunity for a deferred prosecution, that door was closed forever, no matter how long ago it was or how much your life had changed since then.
That changed on January 1, 2026.
Washington's new DUI laws include a groundbreaking provision: under certain circumstances, you may now be eligible for a second deferred prosecution in your lifetime. For people who successfully completed a first deferred prosecution years ago but are now facing new charges, this change represents a genuine second chance at treatment over punishment.
At DUIHeroes, our Snohomish County DUI attorneys have been preparing for these changes and helping clients understand how the new rules create opportunities that simply didn't exist before. Here's everything you need to know about Washington's expanded deferred prosecution options.
What Is Deferred Prosecution?
Before we dive into what's new, let's clarify what deferred prosecution actually means.
A deferred prosecution is an alternative to a traditional DUI conviction. Instead of pleading guilty and receiving criminal penalties, you petition the court to defer (postpone) prosecution while you complete a structured treatment program. If you successfully complete all requirements (typically over a period of at least five years), the DUI charge is dismissed.
Key benefits of deferred prosecution:
- No criminal conviction on your record if successfully completed
- Focus on treatment and recovery rather than punishment
- Ability to maintain employment and family stability
- Avoid or minimize jail time
- Better long-term outcomes for addressing underlying issues
The trade-off: Deferred prosecution requires genuine commitment. You must admit to the facts of the case, complete intensive treatment, maintain total abstinence from alcohol and non-prescribed drugs, comply with monitoring requirements, and follow strict probationary conditions for years.
Second Deferred Prosecution Now Possible in 2026
Here's what changed on January 1, 2026: If you used your first deferred prosecution for your first DUI or Physical Control offense, you may now petition for a second deferred prosecution under specific circumstances.
This is huge. Under the old law, even if you successfully completed a deferred prosecution 15 years ago, stayed sober, turned your life around, and then faced a new DUI charge a decade and a half later, you were ineligible for another deferred prosecution. The door was permanently closed.
Now, that door is open again—if you meet the eligibility requirements.
Who Qualifies for a Second Deferred Prosecution?
There are strict eligibility requirements for a second deferred prosecution.
You may be eligible if:
- You used your first deferred prosecution for your first DUI or Physical Control offense (RCW 46.61.502 or 46.61.504)
- You have no other "prior offenses" as defined under RCW 46.61.5055
You are not eligible if:
- You have any other prior offenses on your record, which include:
- Negligent Driving First Degree (if originally charged as DUI)
- Reckless Driving (if originally charged as DUI)
- Reckless Endangerment (if originally filed as DUI or Physical Control)
- Any DUI conviction (even if reduced from another charge)
- Comparable out-of-state offenses
This is critical: The law draws a very clear line. Your first deferred prosecution must have been for your first DUI-related incident ever. If you had any prior conviction—even a reduced charge like Negligent Driving First Degree that was originally filed as DUI—you don't qualify for a second deferred prosecution.
What If You're Already on Your First Deferred Prosecution?
Here's an interesting scenario: you can petition for a second deferred prosecution even while you're still under court jurisdiction for your first one. However, your first deferred prosecution must be revoked before you can enter the second one.
This might apply if:
- You're in year three of a five-year deferred prosecution
- You're arrested for a new DUI
- You want to pursue a second deferred prosecution for the new charge
The court will revoke your first deferred prosecution, and you'll enter a second one that covers the new charge.
Consolidating Offenses Within Seven Days
There's one exception to the "can't have two active deferred prosecutions at once" rule: If you commit two separate DUI offenses within seven days of each other, you may petition to consolidate both offenses into a single deferred prosecution.
While rare, this is an important protection for situations where someone might face charges for offenses that occurred very close together in time.
One Lifetime Limit: If You Didn't Use Your First DP for Your First Offense
If you did not participate in a deferred prosecution for your first DUI or Physical Control offense, you remain eligible for only one deferred prosecution in your lifetime.
For example:
- If your first DUI resulted in a conviction (not a deferred prosecution)
- And your second DUI is when you enter deferred prosecution
- You will NOT be eligible for a second deferred prosecution later
The law rewards people who seek treatment early through deferred prosecution. If you didn't take that path for your first offense, the "once in a lifetime" rule still applies to you.
New Treatment Requirements for All Deferred Prosecutions
Washington State also significantly overhauled the treatment requirements that apply to all deferred prosecutions, whether first or second.
Evaluations Must Be at State-Approved Agencies
Previously, you could get your initial substance use disorder evaluation from any qualified provider. Starting in 2026, evaluations must be conducted only at state-approved behavioral health agencies designated under RCW 71.24.
This is meant to ensure consistency and quality in evaluations across the state.
Monthly Progress Reports Required
Under the old system, treatment providers filed progress reports every three months for the first year, then every six months for the second year.
Now, treatment providers must file reports with the court every month for the entire duration of your deferred prosecution. This means more frequent monitoring and more opportunities for the court to identify and address any issues early.
Enhanced Treatment Requirements
Both substance use disorder and mental health deferred prosecutions now include more specific mandatory requirements.
All deferred prosecutions must include:
- Two-year treatment program minimum
- Total abstinence from alcohol and all non-prescribed drugs
- All treatment through state-approved agencies
- Periodic random urinalysis or breath analysis
- Full reassessment if abstinence fails
- Weekly approved counseling for at least six months after intensive treatment
- Monthly contact (minimum) for the remainder of the two years
- Participation in substance use disorder self-help recovery support groups (minimum two meetings per week)
For co-occurring mental health disorders: You must complete either the full substance use disorder treatment program or an outpatient program (as determined by your evaluation), plus individual or group mental health services.
For non-substance-related mental health deferred prosecutions: A new code section (RCW 10.05.157) now addresses situations where the wrongful conduct doesn't involve any substance use or substance use disorder. Treatment must include services recommended by a state-approved mental health provider.
Demonstrating "Amenability to Treatment"
The new law provides clear criteria for determining whether you're "amenable to treatment.”
This includes one of the following:
- Completion of residential treatment
- Completion of a minimum of 18 hours of intensive outpatient treatment
- Completion of a minimum of six mental health sessions (for mental health disorder petitions)
Courts may waive the minimum session requirements for good cause, but these benchmarks provide clear guidance on what "engaged in treatment" means.
What You Should Do Now
If you're facing DUI charges in Washington State and are wondering whether deferred prosecution—first or second—might be right for you, don’t wait to speak with an attorney.
At DUIHeroes, our Snohomish County DUI defense lawyers know:
- How to determine eligibility under the new rules
- How to present the strongest possible petition to the court
- How to navigate the enhanced treatment requirements
- When deferred prosecution is the right choice, and when it's not
- How to protect your rights throughout the process
Our exclusive focus on DUI defense means we stay current on every change to Washington's DUI laws, including the expanded deferred prosecution options. We understand what courts look for in deferred prosecution petitions, and we know how to position your case for the best possible outcome.
Call us 24/7 at (425) 296-9358 or contact us online. Your consultation is free!
DUIHeroes serves clients throughout Snohomish County and Washington State, including Lynnwood, Everett, Marysville, Arlington, Mukilteo, Edmonds, and beyond. When your future is on the line, trust specialists who know deferred prosecution inside and out.
More in This Series
- Washington DUI Laws Just Changed for 2026. Here’s What You Need to Know
- Felony DUI Lookback Period Extended to 15 Years
Coming Soon:
- Saliva Testing Comes to Washington DUI Investigations
