How does DUI deferred conviction work?

UPDATED: Nov 13, 2013

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How does DUI deferred conviction work?

How does a deferred conviction affect me? Does a deferred conviction mean that I am pleading guilty to DUI? How much will a deferred conviction cost in total? Will a DUI deferred conviction show up in my home state’s driving record?

Asked on November 13, 2013 under Criminal Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The statute that applies is RCW 3.66.065. Pursuant to this authority, district court judges can impose the following sentence:

"After a conviction, the court may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the defendant and may place the defendant on probation for a period of no longer than two years and prescribe the conditions thereof . . . . During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty and to enter a plea of not guilty, and the court may dismiss the charges."

So yes, you are pleading guilty at the onset.  If you successfully complete the deferral program then you can change the plea and the court will dismiss the charge. The fees depend on the attorney and the specific court.  Best to check with the clerk of the court as well.  If your home state is part of the interstate compact the conviction can indeed show up and if your license suspended then suspended there as well.  

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