On January 1, 2026, recently amended RCW 10.05.010(2)(5) makes some Washington DUI/Physical Control defendants eligible for a second deferred prosecution.

Formerly, only one deferred prosecution was permitted. On January 1, 2026, DUI/Physical Control defendants will become eligible for a second deferred prosecution if 1) they successfully completed a previous DUI/Physical Control deferred prosecution, or 2) their second DUI/Physical Control offense occurred while still on their first deferred prosecution which has since been revoked by the court.

DUI/Physical Control defendants are not eligible for a second deferred prosecution if they did not obtain a deferred prosecution for their first DUI/Physical offense and later obtained a previous deferred prosecution for a second DUI/Physical Control offense. RCW 10.05.010(7).

Lynnwood Criminal Defense Lawyer Paul Hanson

Contact Lynnwood DUI attorney Paul Hanson for more information.