What’s a DUI Deferred Prosecution?

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Deferred DUI prosecution is an alternative to jail time for those caught driving under the influence. It involves probation and meeting court-set requirements, such as alcohol classes and an ignition interlock device. Violating the terms can result in typical penalties. It’s an option for those charged with DUI, usually involving probation and alcohol training. Some jurisdictions reserve it for alcoholics, requiring evaluation and courses. Ignition interlock devices are often included, and failure to meet requirements results in typical penalties.

Deferred DUI charging is an alternative to jail time or other penalties for someone who has been caught driving under the influence of alcohol. The details of a deferred DUI prosecution can vary, depending on the jurisdiction, but typically involve a long probation and an agreement to meet court-set requirements, such as taking alcohol classes and having a device installed on your car that prevents drunk driving. If a person meets all of the court’s requirements for a DUI indictment, he or she can avoid the license suspension, fines, and jail time that a judge might ordinarily impose. If you violate the terms of the DUI deferred prosecution, however, a judge can enforce the typical penalties allowed for the DUI offense.

In many jurisdictions, a deferred DUI prosecution is an option for people who have been charged with a DUI. Instead of accepting the sentence and penalties that a judge decides to impose, a defendant can accept a deferred DUI prosecution. This usually means that the defendant will not face any of the typical penalties, such as jail time and driver’s license suspension. Instead, she may have to undergo a few years of probation, alcohol training, workshops through which a defendant learns about victims of drunken traffic accidents, and other jurisdiction-specific requirements.

Some jurisdictions reserve the DUI deferred prosecution option for people who are alcoholics. This means that a person who drives drunk, even multiple times, may not be eligible unless he or she is an alcoholic. Such jurisdictions also require that defendants be evaluated by professionals experienced in identifying alcoholism. Once the defendant is identified as an alcoholic, he may be required to take alcoholism courses, at his own expense, for a significant period of time. For example, in some jurisdictions a defendant is required to take them for two years.

Ignition interlock device requirements are also often included as part of the DUI deferred prosecution. When this device is installed in a car, the driver has to breathe into it before he can start his car. If the defendant’s blood alcohol levels are too high for safe driving, the car will not start. Most DUI deferred prosecution orders require defendants to install these devices in any car they will drive, typically at their own expense.

A deferred DUI usually provides a person with a second chance. If he meets the court’s requirements and stays out of trouble, he doesn’t face the usual drink-driving penalties. If she doesn’t meet the requirements set by the order, however, he can lose this second chance and face all the penalties provided by law.




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