Are you screwed if you get multiple DUIs in 1 week? Most would think “hell ya” especially when considering the fact that penalties drastically increase with each additional DUI charge. With two, three, four DUIs in 1 week that would amount to years in jail, thousands of dollars in fines, and loss of a driver’s license for years, right?
“Wrong, that individual may be able to avoid all those penalties by bundling those DUI charges and entering them into a deferred prosecution ,” according to Senior DUI defense attorney, David O. A deferred prosecution is a program offered by Washington State that allows individuals suffering from; 1. alcoholism or 2. mental illness and substance abuse, to receive professional help and treatment. To enter into this program an individual must sincerely believe they suffer from alcoholism or mental illness and substance abuse and it must be their first time entering into a deferred prosecution (an individual only gets one deferred prosecution in their life time). The benefit of entering into a deferred prosecution is the dismissal of the case upon completion of the treatment program and among other requirements, remaining out of legal trouble for five years. No jail time or additional years driver’s license suspension. However, if an individual fails to complete the treatment program or receives a new criminal charge within five years, then their deferred prosecution contract is considered broken and they will be sentenced for their original DUI charges by a judge.
It may seem far-fetched that someone would acquire multiple DUI charges in 1 week, but it does happen. On February 24, 2014 a man in New Jersey was arrested three separate times for drunk driving, all occurring within a seventeen hour time span. The third arrest occurred when police recognized the 46 year-old man’s licence plates from the two prior DUI arrests earlier in the week. The man tried to flee from police but came to an abrupt halt when he crashed into a fire hydrant. The man was arrested and charged with another DUI, eluding law enforcement, and numerous motor vehicle citations.
If the DUI laws in New Jersey are similar to those in Washington this guy would want to hire an experienced DUI lawyer to review his case and help decide if a deferred prosecution would be a good option. Before agreeing to resolve any criminal matter you should always be well informed of the terms and conditions of the agreement and the terms of noncompliance if it applies. Entering into a deferred prosecution has it’s benefits but it is not a breeze to successfully complete.
Written by DUI & Criminal Defense Attorney, David O
Written by S.O