On January 1, 2026, Washington State’s deferred prosecution laws went through some major changes. The most significant impact of these is the eligibility for some individuals to pursue a 2nd deferred prosecution. This post only discusses changes in the deferred prosecution laws as they relate to DUI and Physical Control charges that involve substance use disorder deferred prosecutions. It does not address mental health or domestic violence deferred prosecutions.

A Second Chance: Expanded Deferred Prosecution

In the past, a deferred prosecution was a once-in-a-lifetime option for someone facing a DUI or Physical Control charge. Now, under limited circumstances, an individual can pursue a second lifetime deferred prosecution. In order to qualify for a second deferred prosecution, they must meet the following requirements –

• They entered a deferred prosecution on their 1st DUI or Physical Control charge. If they did not do this and hypothetically resolved their case with an amendment to reckless driving, they would only have the option to petition the court for deferred prosecution once. Basically, if you don’t “go deferred” on your first offense, the old rule of one deferred prosecution for life applies.
• Other than the first deferred prosecution, they have no other “prior offenses” on their record. A prior offense includes a number of offenses, including other DUI and Physical control convictions, as well as certain convictions that resulted via amendment from DUI or Physical control. A prior deferred prosecution falls into the definition of “prior offense”, but is specifically excluded as a disqualifier for a second deferred prosecution.
• If currently on a deferred prosecution, they still may petition the court for a deferred prosecution. However, the first deferred prosecution will be revoked prior to entry of the 2nd deferred prosecution.
• If someone has two offenses within 7 days of each other, they can be consolidated into a single deferred prosecution.

Other Significant Deferred Prosecution Changes

In addition to the ability for some people to qualify for a second deferred prosecution, a number of other laws related to deferred prosecutions changed in 2026.

• Probationary Licenses: For years, the probationary license requirement created confusion for many people. Now, RCW 46.20.355 has been updated to provide some clarification on how this process works. DOL will now send a 45-day notice to individuals to take care of this once DOL receives proof from the court that someone entered a deferred prosecution. Failure to comply with this will result in your license going into suspended status.
• Amendable to Treatment: This was not defined under the prior versions of the deferred prosecution statutes. Now, in order for the court to make a finding that someone is “amendable to treatment” and grant their deferred prosecution petition, the court needs to confirm that the individual has completed at least 18 hours of intensive outpatient treatment, or successfully completed an inpatient treatment program. The court can waive this requirement upon a finding of good cause.

These changes open the door for some people to receive the benefits of a deferred prosecution if their first attempt at a deferred prosecution did not work out. The legal benefit of successfully completing a deferred prosecution is that the pending charges are dismissed. The most significant benefit, however, is the opportunity for someone to address and overcome substance abuse issues. A deferred prosecution is not for everyone, and it requires a significant time and financial commitment. Before going down the deferred prosecution path, it is important to consult with a DUI attorney who has experience with them. Justin Campbell has represented dozens of clients who have successfully completed deferred prosecutions, avoided convictions, and bettered their lives. A big advantage to the new deferred prosecution law is that someone who would benefit from the deferred prosecution program on a first offense will not feel like “saving” their deferred prosecution for a potential case down the road.

The way the new law is worded creates some confusion on how courts will interpret the “no prior offense” eligibility rule if someone has their first deferred prosecution revoked and then subsequently convicted of DUI or Physical Control. This is another reason why it is important to hire a local DUI attorney who is experienced with deferred prosecutions and familiar with local court policy. Anacortes DUI attorney Justin Campbell has vast experience both as an attorney, former Court Commissioner, and current pro tem judge on cases involving deferred prosecutions.

Beyond Deferred Prosecutions: Other Changes

Some other major changes to the DUI/Physical Control laws that went into effect on January 1, 2026 include:

• The felony look-back timeframe increased from 10 years to 15 years. This means that if someone has 3 or more prior offenses within 15 years, a new DUI or Physical Control charge will be filed as a felony.
• The definition of Serious Traffic Offenses has expanded to now include Negligent Driving 1st Degree and Reckless Endangerment convictions that were originally filed as DUI or Physical Control. This will have a significant impact on the offender score calculation and standard sentencing range for felony DUI and Physical Control cases.
• The employer exemption to the ignition interlock requirements has changed to limit self-employed individuals to only drive vehicles equipped without an interlock for work purposes.
• Individuals who face mandatory 30-day license suspensions for probation violations on DUI and Physical Control cases are now eligible to navigate the suspension by applying for an interlock license. This is a change that was long overdue.

Contact an Anacortes DUI Attorney Today

As you can see, a lot has changed with the DUI/Physical Control laws in Washington this year. This list is not exhaustive and expect the laws regarding DUI and Physical Control to continue to evolve. If you are facing a criminal charge for DUI or Physical Control, or licensing/probationary issues related to one, it is important to contact an experienced DUI attorney. Anacortes DUI attorney Justin Campbell has helped clients deal with these charges and collateral consequences for over 15 years. He has experience as a judicial officer and can evaluate your case from the court’s perspective.

The Campbell Law Firm is based in Anacortes and proudly defends individuals charged with DUI, Physical Control, and other crimes in Island County, Oak Harbor, Coupeville, San Juan County, Friday Harbor, and all courts in Skagit County, including Anacortes, Mount Vernon, Burlington, and Sedro-Woolley.

To learn more, contact the Campbell Law Firm by calling (360) 588-4111, emailing info@lawjrc.com, or completing our online form.