Defendants charged with misdemeanors or certain gross misdemeanors (such as DUI) may be eligible for deferred prosecution. A deferred prosecution is an agreement by which the defendant admits to the underlying facts alleged in the charging document, admits the wrongful conduct is the result of alcoholism, drug addiction, or mental problems for which he/she is in need of treatment, and admits the probability of future reoccurrence is great without treatment. The defendant then agrees to pay for the cost of diagnosis and treatment of the problem if financially able to do so. If the court accepts the petition for deferred prosecution and approves a treatment plan, the defendant is then required to comply with all conditions imposed by the court and the treatment provider. If the defendant successfully completes treatment and commits no further violations for a period of 5 years, the charges are then dismissed. With an order from the court the conviction can then be vacated from your record. However it will still be considered a prior offense in the event of a future arrest for DUI. A deferred prosecution involves the waiver of many of your constitutional rights. Although the program provides substantial benefits to certain clients, it also involves substantial risks. The decision to enter or apply for a deferred prosecution should not be made without consulting an attorney. Eligibility for a deferred and the availability of a deferred will depend on the individual facts and circumstances of your case. Please do not form any expectations about your case based on the information provided.