"Sidestepping" a DUI - Deferred Prosecution

Another option available to you may be a Deferred Prosecution. This is a "one shot" way of avoiding both a license suspension, jail time, and a criminal conviction on your record. If you have ever had a Deferred Prosecution in the past, you cannot petition the court for a second one.

In order to qualify for a Deferred Prosecution, you must obtain an Alcohol Evaluation from a state certified agency that specializes in determining whether people suffer from severe alcohol or substance abuse problems. If you are found to have a very significant problem with alcohol or drugs, you will likely be eligible for a Deferred Prosecution.

If you are eligible and the Court accepts your Petition for Deferred Prosecution, you will be required to enter into an intensive 2 year treatment program that is monitored by the Court. If you successfully complete the program, the DUI charge will be dismissed from your record after five years. This course of action results in no license suspension, no jail time, and no fines other than a probation fee. You will be required to have a 5 year "Probationary License". If you have health insurance, it is possible that alcohol or drug treatment programs are covered in your policy.

If you fail to abide by the conditions of the treatment program or do not complete it, you will have already waived any right to a trial. You will automatically be found guilty of DUI and the Court will impose the mandatory sanctions required for any other DUI conviction.

If you qualify, Robert McKay & Associates will assist you in every phase of determining your eligibility, setting you up with a certified evaluator, and petitioning the court on your behalf for a Deferred Prosecution.