THE DUISEATTLE.COM BLOG

Will a Postive UA get my deferred prosecution revoked?

It depends. If you have done well in alcohol/drug treatment and have one positive UA for alcohol or whatnot it is unlikely. If it is a second, third or fourth time it becomes more likely. Relapses happen. Judges understand that. So if you are otherwise in compliance with probation and treatment you are more likely to be given another chance. Often, in these situations, additional treatment and UA's will be recommended. 

Will I have to complete treatment if my deferred prosecution is revoked?

Yes, in most cases. Most judges will still require you to complete the 2-year deferred prosecution alcohol/drug treatment program. However, this is not set in stone. If it is an old case (i.e. 4 years into the DP) or you never started treatment - the judge may require a new alcohol/drug evaluation and follow that recommendation. 

How long will the Court have jurisdiction if my deferred prosecution is revoked?

Typically, it will be 5 years from the date of revocation. Jurisdiction refers to how long the case will stay open and you will be subject to the Court's DUI conditions. If you violate those conditions - the Court may impose any jail time or fines that were suspended. Although, some judges may shorten this time depending on when or why the deferred prosecution is revoked. The parties (prosecutor and defense) may also agree to close the case at a certain time. Although, it is ultimately up to the Court.  As a result, it is possible to be subject to probation and the Court's conditions for almost 10 years, albeit longer than many felonies.