Legal Question in DUI Law in Washington

Deferred prosecution/probation requirements

A friend of mine got a DUI 2 yrs ago. He followed all requirements of treatment , random UA's and attending A/A meetings. Now he is past the 2 yrs of treatment the final reports were submitted to hi probation officer, etc. He says he can drink again just cant drink and drive or the full sentence that was deferred will be imposed. I thought he cant drink or even possess alcohol, be in an establishment whose main purpose is serving alcohol, etc. the full 5 yr deferrment. This is his first offense and I just want to clarify his requirements so he doesnt get in to trouble again. What are his requirements during this next inactive probationary period?


Asked on 8/06/04, 12:58 pm

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Deferred prosecution/probation requirements

This sounds unusual to me too. When a person�s DUI charge is deferred, they are on probation for five years. This is typically at least two years of active probation followed by three years of bench probation. Both forms of probation require no drinking and not being in bars, taverns, or places where the primary purpose is the sale or consumption of alcohol. Bench probation is unsupervised, i.e. he or she will not have to check in once a week, but the same rules apply as if he was supervised. If he or she violates this rule and is found to be a bar or is reportedly drunk, the court or probation officer could use this as a basis to revoke the deferred prosecution. If the deferred was revoked, he or she will be headed to jail and will have their driver�s license revoked.

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Answered on 8/06/04, 1:11 pm


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