Deferred prosecution

What is a deferred prosecution?

A deferred prosecution is a legal agreement with a court to postpone criminal charge(s) for your driving offense. Once granted, we will be notified, and the deferred prosecution will be added to your driving record. You will need to meet and comply with all Department of Licensing and court requirements.

A deferred prosecution can include multiple offenses if the arrests occur within 7 calendar days of each other.

You may be eligible for a second deferred prosecution in your lifetime, only if both of the following apply:

You were given a deferred prosecution for your first DUI offense.
Your first deferred prosecution is complete or revoked by the courts.

DUIs in the legal system

A DUI involves 2 separate legal tracks, administrative and criminal. These 2 tracks have separate processes and penalties, are both triggered by your arrest, and run independently of each other. The tracks are:

Administrative (license)

Focuses on your driving privileges and is based on your DUI arrest
Initiated by Department of Licensing
Could cause license suspension, revocation, or disqualification

Criminal (court)

Focuses on the driving offense as a crime and is based on your court conviction
Handled by Washington’s courts
Could cause fines, probation, jail, and a criminal record

If you plan to petition the court for a deferred prosecution, we can postpone your license suspension, revocation, or denial, and requirements on the administrative side of a DUI offense until we know what your sentence is.

If you refused to submit to a breath or blood test during your arrest, we can't postpone anything on the administrative side. If you're given a deferred prosecution through the court for a commercial driver license (CDL), we can't postpone anything on the administrative side.

How to let us know you’re seeking a deferred prosecution

If you're planning to petition the court for a deferred prosecution, you need to let us know.

Fill out the Intent to Seek Deferred Prosecution form and send it to us. You can:

Email to: defprosnoi@dol.wa.gov
Fax to: 360-902-3802

Qualifications for postponement

To postpone your license suspension, revocation, or denial, and requirements on the administrative side, you must meet the following requirements:

Be arrested for a DUI involving alcohol or drugs and perform a breath or blood alcohol test.
Intend to seek a deferred prosecution with the court.
Fill out and submit our Intent to Seek Deferred Prosecution form.

If you qualify for a postponement, we will notify you by mail. Your postponement will be no longer than 150 days after your charges are filed in court, or 2 years after the date of your arrest, whichever is shorter.

What happens if I’m granted a deferred prosecution?

If you’re granted a deferred prosecution and nothing else prevents it, you might be able to restore your driving privileges with a probationary license. A probationary license shows you’re on probationary status for an impaired driving offense. The probationary status shows as a restriction on your license and is required for 5 years from either the date of the impaired driving offense, or 5 years from the date you were eligible to get a license if you were convicted. You can get your probationary license by:

Having an Ignition Interlock Device (IID) installed by an approved vendor in every vehicle you drive, and having the vendor provide proof of installation. If you live in Washington, the vendor will automatically provide proof of installation. If you don't live in Washington but your vendor is a Washington-approved vendor, they must use our online portal to submit proof of installation. If they're not a Washington-approved vendor, they must fill out and submit the Out-Of-State Interlock Status Verification Form.
- Your IID requirement starts the date your deferred prosecution was granted by the court. Learn more about IIDs and their requirements.
Paying a $50 probationary license fee in addition to your other licensing fees.

If you don't get a probationary license, we will suspend your license 45 days after the court notifies us you have entered into a deferred prosecution program.

If you have other requirements on your driving record, you must meet them before you can get a probationary license.

What happens if my deferred prosecution is denied or revoked?

If the court denies your deferred prosecution and we receive your DUI conviction from the court, we will stop your postponement and restart your suspension, revocation, or denial, and requirements on the administrative side of your DUI. Learn more about DUIs and their effect on your license.

What if I don’t live in Washington?

If you are licensed in a different state and get a DUI in Washington, you can petition Washington’s court for a deferred prosecution. If you plan to petition the court, you follow the same steps and rules as a Washington resident. Your deferred prosecution does not transfer to other states and doesn’t apply in the state where you are licensed. If you drive in the state you are licensed, you could face criminal and administrative charges there.