Washington State DUI Deferred Prosecution

Petitioning for DUI Deferred Prosecution in Snohomish County

On January 1, 2026, several changes to Washington State's deferred prosecution program go into effect. This page has been updated to reflect those changes.

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.

Key Changes to Washington's Deferred Prosecution DUI Program in 2026

On January 1, 2026, the state will enact several key changes that affect how deferred prosecution for DUI works in Washington. One of the biggest changes is that it is now possible to obtain a second deferred prosecution under certain circumstances. Previously, it was only possible to petition for a single deferred prosecution in your lifetime. 

You may be eligible for a second deferred prosecution if:

• You petitioned for and completed a deferred prosecution for a first offense under RCW 46.61.502 (driving under the influence) or RCW 46.61.504 (physical control), and;
• You do not have any other prior convictions that count as a “past DUI offense." 

In this scenario, a past deferred prosecution would not count as a “prior offense” for the purpose of receiving a second deferred prosecution. However, amended DUI charges, such as first-degree negligent driving, could be considered a “prior offense,” making you ineligible for a second deferred prosecution. 

Other important changes for 2026 include:

• Petitioning for a Second Deferred Prosecution While on a First Deferred Prosecution: If you are currently participating in your first deferred prosecution for a first-time DUI offense and meet all other eligibility criteria, you may apply for a second deferred prosecution. However, the court will revoke your first deferred prosecution before you enter into the second one. 
• Consolidating Offenses into a Single Deferred Prosecution: You are permitted to request to consolidate multiple offenses into one deferred prosecution as long as the offenses were committed within seven days of each other. You must petition to consolidate the offenses into one deferred prosecution. 
• The “Two-Year Treatment Plan": As of January 1, 2026, dismissal of deferred prosecution will occur three years after the completion of the approved treatment plan, but not before five years since the start of entering deferred prosecution. Previously, the law specified that dismissal would occur three years after the defendant completed a “two-year treatment plan.”

Deferred Prosecution Treatment Plans

One of the main aspects of deferred prosecution is that you must have a substance use disorder that requires treatment. The 2026 changes to the state's deferred prosecution program affect how this works. 

Some important changes include: 

• State-Approved Behavioral Health Agency Evaluations: Previously, you could receive a substance use disorder evaluation for the purpose of receiving a deferred prosecution by an agency that was not approved by the state. As of January 1, 2026, however, these evaluations must be performed by a state-approved behavioral health agency. 
• Criteria for Determining a Defendant's Amenability to Treatment: New guidelines under RCW 10.05.040 help treatment agencies determine whether a defendant is considered “amenable to treatment.” These criteria include:
  • Completing residential treatment at a state-approved agency
  • Completing at least 18 hours of intensive outpatient treatment
  • Completing at least six mental health sessions (for petitions involving mental health disorders)
• Monthly Compliance Reports: Previously, treatment facilities were required to file compliance reports with the court every three months for the defendant's first year of treatment, then every six months for the second year of treatment. Beginning January 1, 2026, agencies must file these reports every month.

Some of the amendments that go into effect on January 1, 2026, also affect the treatment requirements for those participating in deferred prosecution for either substance use disorders or mental health disorders, as well as those participating in deferred prosecution for co-occurring disorders. 

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.

You must meet the following requirements:

• Complete an approved addiction treatment program, which must include either a residential inpatient treatment plan or an intensive outpatient treatment plan
• Abstain from all alcohol and non-prescribed, mind-altering drugs
• Submit to periodic, random alcohol/drug testing (urinalysis or breath analysis) 
• Participate in at least two substance use disorder recovery support groups per week for the entire duration of the approved treatment program 
• Attend approved outpatient counseling at least once a week for at least six months after completing intensive treatment
• Participate in outpatient check-ins or other forms of contact at least once a month for the remainder of the two-year deferred prosecution 
• 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:

• Bellevue
• Everett
• Kirkland
• Lynnwood
• Marysville
• Medina
• Mukilteo

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.