Eligibility -

One option that may be available to those charged with Non-Felony DUI is a deferred prosecution. A deferred prosecution is a program by which a defendant admits his/her offense was the result of alcoholism, drug addiction, or mental problems for which the person is in need of treatment. The defendant must also admit the probability of a future occurrence is great in the absence of treatment. Finally the defendant must agree to pay the costs of diagnosis and treatment if financially able to do so. If the judge agrees that you meet the requirements he/she will accept the petition for deferred prosecution. The court will not accept petitions from those who sincerely believe they are innocent or do not believe they need treatment.

Treatment Plan -

As part of the deferred prosecution the defendant must submit to an alcohol and drug evaluation. The evaluator will return a report to the court indicating the type of treatment that is necessary, the nature of the treatment, the length of treatment, the treatment schedule, and the cost of treatment. The court must then approve of the treatment plan. The minimum program requirements are as follows:

      1) 2 years of Treatment

      2) Intensive Phase for First 6 Months

      3) Abstinence from Alcohol and Drugs During Treatment

      4) Two Meetings Per Week for Duration

      5) Participation in Alchoholism Self Help Group

      6) At Least Once a Week Counseling for Minimum of 6 Months Following Intensive Phase

      7) Not Less than Monthly Outpatient Counseling for the Remainder of the Two Years

How it Works -

Once accepted for a deferred prosecution, the defendant must waive all of the rights associated with trial. The defendant must also stipulate to the admissibility and sufficiency of the evidence in the record. Finally the defendant must then agree that in the event that any of the conditions of the deferred prosecution are breached, the judge will proceed to find the defendant guilty based on the police reports and evidence in the record. If the defendant successfully completes the two year treatment program without violating any conditions of the deferred, the court will enter an order dismissing the charge three years after receiving proof of successful completion of the two year treatment program.

Conditions -

The defendant must agree to follow through with all treatment obligations and remain in compliance with the treatment plan recommended by the evaluator. The defendant must also agree to various conditions of the deferred prosecution set by the judge. Mandatory conditions include:

      1) No Operation of Motor Vehicles on Public Highways without Valid Driver’s License + Proof of Insurance

      2) Ignition Interlock for the Entire Treatment Period

There are also conditions that the judge may impose. These conditions are discretionary and include:

      1) Restitution Costs

      2) Attendance at Groups

      3) Abstinence from Alcohol and Drugs

      4) Urine or Breath Testing

      5) Law Abiding Behavior

      6) Supervision by Probation Department

Violation of conditions set by the judge or failure to remain in compliance with the treatment plan recommended by the treatment provider can result in revocation of the deferred prosecution.