HB 1104, sponsored by Rep. Roger Goodman (D–Kirkland), would alter the current requirements for deferred prosecution for those charged with multiple driving under the influence (DUI) or physical control of a vehicle under the influence (PC) charges in their lifetime. Currently, an individual is eligible for only one deferred prosecution for DUI or PC in their lifetime. In practice, often, a first DUI charge may be pled down to a negligent driving or reckless driving charge, and it is only at a second DUI charge that an individual engages in deferred prosecution.

If enacted, HB 1104 would allow a person charged with a subsequent additional DUI or PC that previously completed a deferred prosecution program to petition the court for a second deferred prosecution. Further, an individual would be allowed to petition the court for a second deferred prosecution even while they are currently participating in a deferred prosecution for a first DUI or PC charge, though the first deferred prosecution must be revoked.

Cities encourage pathways to treatment for people who are diagnosed with a substance use disorder; however, sufficient protections are necessary to ensure individuals are not simply provided multiple opportunities to evade a DUI conviction. AWC has not taken a position on this bill, but cities may want to consider how it could impact charging and prosecution of DUI and PC cases.

Dates to remember

HB 1104 is scheduled for public hearing in the House Transportation Committee on Monday, February 13 at 4 pm.