Wash. Crim. R. Cts. Ltd. Juris. 4.2

(a) Types. A defendant may plead not guilty, not guilty by reason of insanity, or guilty.

(b) Multiple Offenses. When the complaint or the citation and notice charges two or more

offenses in separate counts the defendant shall plead separately to each.

(c) Pleading Insanity; Claiming Incompetency. Written notice of an intent to rely on the

insanity defense must be filed at or within 10 days of the time of arraignment, or at such later

time as the court may for good cause permit. A claim of present incompetency to stand trial shall

be raised at arraignment or as soon as possible thereafter. All procedures concerning the defense

of insanity or the competence of the defendant to stand trial are governed by RCW 10.77 or any

applicable ordinance.

(d) Voluntariness. The court shall not accept a plea of guilty without first determining

that it is made voluntarily, competently, and with an understanding of the nature of the charge

and the consequences of the plea. The court shall not enter a judgment upon a plea of guilty

unless it is satisfied that there is a factual basis for the plea.

(e) Agreements. If a plea of guilty is based upon an agreement between the defendant and

the prosecuting authority, such agreement must be made a part of the record at the time the plea

is entered. No agreement shall be made which specifies what action the court shall take on or

pursuant to the plea, or which attempts to control the exercise of the court’s discretion, and the

court shall so advise the defendant.

(f) Withdrawal of Plea. The court shall allow a defendant to withdraw his or her plea of

guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice.

(g) Written Statement. A written statement of the defendant in substantially the form set

forth below shall be filed on a plea of guilty:

_________________ Court of Washington, City/County of ___________________

Plaintiff,

v.

Defendant.

No.

Statement of Defendant on Plea of

Guilty

(STTDFG)

1. My true name is: ________________________________________.

2. My age is: _______________.

3. The last level of education I completed was: ____________________.

4. I Have Been Informed and Fully Understand That:

(a) I have the right to representation by a lawyer and that if I cannot afford to pay for a

lawyer, one will be provided at no expense to me.

(b) I am charged with:

Count Crime RCW or Ordinance (with subsection)

1.

2.

3.

4.

[] Count(s) _________ was (were) committed against an intimate partner

[] Count(s) _________ was (were) committed against a family or household member.

The elements are:

[] as set out in the charging document.

[] as follows:

.

5. I Understand That I Have the Following Important Rights and I Give Them All Up by

Pleading Guilty:

(a) The right to a speedy and public trial by an impartial jury in the county where the

crime is alleged to have been committed;

(b) The right to remain silent before and during trial, and the right to refuse to testify

against myself;

(c) The right at trial to hear and question the witnesses who testify against me;

(d) The right at trial to testify and to have witnesses testify for me. These witnesses

can be made to appear at no expense to me;

(e) The right to be presumed innocent unless the charge is proven beyond a

reasonable doubt or I enter a plea of guilty;

(f) The right to appeal a finding of guilt after a trial.

6. In Considering the Consequences of My Guilty Plea, I Understand That:

(a) My right to appeal is limited.

(b) The crime with which I am charged carries a maximum sentence of _______ days

in jail and a $_____________ fine.

(c) The prosecuting authority will make the following recommendation to the judge:

.

(d) The judge does not have to follow anyone’s recommendation about the sentence.

The judge can give me any sentence, up to the maximum authorized by law, no

matter what the prosecuting authority or anyone else recommends.

(e) The judge may place me on probation for up to 5 years if I am sentenced for a

domestic violence offense or under RCW 46.61.5055, or up to 2 years for all other

offenses and impose conditions of probation. If the court orders me to appear at a

hearing regarding my compliance with probation and I fail to attend the hearing, the

term of probation will be tolled until I appear before the court on the record.

(f) The judge may require me to pay costs, fees, and assessments authorized by law.

The judge may also order me to make restitution to any victims who lost money or

property as a result of crimes I committed. The maximum amount of restitution is

double the amount of the loss of all victims or double the amount of my gain.

(g) If I am not a citizen of the United States, a plea of guilty to an offense punishable

as a crime under state law may be grounds for deportation, exclusion from

admission to the United States, or denial of naturalization pursuant to the laws of

the United States.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING

PARAGRAPHS APPLY, THE BOX SHOULD BE CHECKED AND THE PARAGRAPH

INITIALED BY THE DEFENDANT.

[] (h) Non-DUI Crimes (for DUI related crimes, see para (s) below). The crime of

_________________________________ has a mandatory minimum sentence of

_____________________ days in jail and a $____________ fine, plus costs and

assessments.

[] (i) The crimes of prostitution, indecent exposure, permitting prostitution, and

patronizing a prostitute have a mandatory assessment of $____________. The

court may reduce up to 2/3 of this assessment if the court finds that I am not able

to pay the assessment. RCW 9A.88.120.

[] (j) If this crime involves patronizing a prostitute, a condition of my sentence will be

that I not be subsequently arrested for patronizing a prostitute or commercial

sexual abuse of a minor. The court will impose crime-related geographical

restrictions on me, unless the court finds they are not feasible. If this is my first

offense, the court will order me to attend a program designed to educate me

about the negative costs of prostitution.

[] (k) This plea of guilty will result in suspension or revocation of my driving license or

privilege by the Department of Licensing for a minimum period of

. The Department of

Licensing may impose a longer period of suspension or revocation based upon my

record of conviction. The Department of Licensing shall grant credit on a day-for-day basis for any portion of a license suspension, revocation, or denial arising out

of the same incident, served prior to this plea of guilty. If I have already served an

administrative suspension, revocation, or denial under RCW 46.20.3101, the

Department of Licensing may not require further suspension or revocation.

Additional requirements and fees may apply. RCW 46.61.5055(9).

[] (l) I understand that RCW 46.20.265 requires that my driver’s license be revoked if

(a) the current offense is a violation under chapter 69.41 [legend drug], 69.50

[violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs]

RCW, and I was under the age of 21 at the time of the offense OR (b) the current

offense is a violation under RCW 9.41.040 (unlawful possession of firearm) and I

was under the age of 18 at the time of the offense OR (c) the current offense is a

violation under chapter 66.44 RCW [alcohol] and I was under the age of 18 at the

time of the offense, AND if (a), (b), or (c) applies, the court finds that I previously

committed an offense while armed with a firearm, an unlawful possession of a

firearm offense, or an offense in violation of chapters 66.44, 69.41, 69.50, or

69.52 RCW.

[] (m) If I am convicted for violating a domestic violence protection order, the court shall

impose a mandatory fine of $15. RCW 26.50.110; (effective July 1, 2022) RCW

7.105.450.

[] (n) I may not possess, own, or have under my control any firearm, and under federal

law any firearm or ammunition, unless my right to do so is restored by the court of

record that ordered the prohibition on possession of a firearm or the superior court

in Washington State where I live, and by a federal court if required as a result of my

conviction for the following (check box for applicable crime below):

[] Possession under RCW 69.50.4011, RCW 69.50.4013, RCW 69.50.4014, or

RCW 69.41.030;

OR

[] A crime committed against a family/household member or “intimate partner”; []

Assault, Fourth Degree; [] Coercion; [] Stalking; [] Reckless Endangerment; []

Criminal Trespass, First Degree; [] Violation of a Protection Order/No-Contact

Order restraining/excluding the person from a residence; [] Harassment (on or

after June 7, 2018);

OR

[] Any of the following not included above committed on or after July 23, 2023: []

Domestic Violence (RCW 10.99.020); [] Stalking; [] Cyberstalking; [] Cyber

Harassment [excluding when committed solely pursuant to the element set forth in

RCW 9A.90.120(1)(a)(i)]; [] Harassment; [] Aiming/Discharging a Firearm (RCW

9.41.230); [] Unlawful Carrying/Handling Firearm (RCW 9.41.270); [] Animal

Cruelty, Second Degree committed under RCW 16.52.207(1); [] any “prior

offense” as defined in RCW 46.61.5055(14) if committed within 7 years of a

conviction for any other prior offense under RCW 46.61.5055.

[] (o) Concealed Pistol License (CPL):

[] If I am convicted of carrying a weapon apparently capable of producing bodily

harm under RCW 9.41.270, my CPL will be revoked.

OR

[] If I am convicted of knowingly possessing a dangerous weapon on school

facilities or areas of facilities while being used for official meetings of a school

district board of directors under RCW 9.41.280, my CPL will be revoked for a

period of 3 years and I will be prohibited from applying for a CPL for 3 years.

OR

[] If I am convicted of possessing a dangerous weapon on child care premises

under RCW 9.41.282, my CPL will be revoked for a period of 3 years, I will be

prohibited from applying for a CPL for 3 years from the date of conviction, and I

must immediately surrender any CPL.

[] (p) If this crime involves a violation of Title 77 RCW, the Department of Fish and

Wildlife may, and in some cases shall, suspend or revoke my privileges under Fish

and Wildlife licensing.

[] (q) If this crime involves a drug offense, my eligibility for state and federal education

benefits will be affected. 20 U.S.C. § 1091(r).

[] (r) This plea of guilty is considered a conviction under RCW 46.25.010 and I will be

disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am

required to notify the Department of Licensing and my employer of this guilty plea

within 30 days after the judge signs this document. RCW 46.25.030.

[] (s) If this case involves driving while under the influence of alcohol and/or being in

actual physical control of a vehicle while under the influence of alcohol and/or

drugs, I have been informed and understand that I will be subject to:

[] the penalties described in the “DUI Attachment.”

OR

[] these penalties. Mandatory minimum sentence:

• _________________ days in jail.

• _________________days of electronic home monitoring.

• $ _______________ monetary penalty.

• If a 24/7 sobriety program is available, I will have to comply with 24/7 sobriety

program monitoring.

• Comply with the rules and requirements of the Department of Licensing

regarding the installation and use of a functioning ignition interlock device on

all motor vehicles that I operate.

• For each passenger under age 16 in the vehicle, I will be required to install

an ignition interlock device for an additional 12 months for a blood alcohol

content (BAC) less than 0.15, drug-related, no test, or THC; or 18 additional

months for a BAC greater or equal to 0.15, or refusal. RCW 46.61.5055(6)(a).

This period is in addition to any other ignition interlock device requirements

imposed by the court or the Department of Licensing.

• The Department of Licensing will suspend or revoke my driving privilege for

the period of time stated above in paragraph 6(k).

If I have no prior offenses, instead of the minimum jail term, the judge may order

me to serve ___________________ days of electronic home monitoring or

______________ days on 24/7 sobriety program monitoring.

If I have prior offense(s):

• The judge shall order me to submit to an expanded alcohol assessment and

comply with treatment deemed appropriate by that assessment.

• If I have 1 prior offense, instead of mandatory jail and electronic home

monitoring, the judge may order me to serve not less than ____ days in jail,

and either _____ days of electronic home monitoring or a 120-day period of

24/7 sobriety program monitoring or a 120-day period of ignition interlock

device requirement, or both.

• If I have 2 prior offenses, instead of mandatory electronic home monitoring,

the judge may order me to serve additional jail time.

If the judge orders me to refrain from consuming any alcohol, the judge may order

me to submit to alcohol monitoring. I shall be required to pay for the monitoring

unless the judge specifies that the cost will be paid with funds from another source.

The judge may waive electronic home monitoring or order me to obtain an alcohol

monitoring device with wireless reporting technology, if that device is reasonably

available, if I do not have a dwelling, telephone service, or any other necessity to

operate electronic home monitoring. The judge may waive electronic home

monitoring if I live out of state, or if the judge determines that I would violate the

terms of electronic home monitoring. If the judge waives electronic home

monitoring, the judge will impose an alternative sentence which may include use of

an ignition interlock device, additional jail time, work crew, work camp, or a 24/7

sobriety program.

I understand that the 24/7 sobriety program is a program which requires tests of

my blood, breath, urine, or other bodily substances to find out if I have alcohol,

cannabis, or any controlled substance in my body. Testing must take place at

designated location(s). I may be required to pay the fees and costs for the

program.

The judge will order as conditions of probation that I (i) shall not drive a motor

vehicle without a valid license; (ii) shall not drive a motor vehicle without proof of

liability insurance or other financial responsibility; (iii) shall not drive or be in

physical control of a motor vehicle with an alcohol concentration of 0.08 or more

or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher,

within 2 hours after driving; (iv) shall submit to a breath or blood alcohol test upon

the reasonable request of a law enforcement officer; (v) shall not drive a motor

vehicle without a functioning ignition interlock device as required by the

Department of Licensing. For each violation of the above mandatory conditions,

the court shall order my confinement for a minimum of 30 days, which may not

be suspended or deferred. For each incident involving a violation, the court shall

suspend my license for 30 days.

(t) If this case involves reckless driving and the original charge was driving while

under the influence of alcohol and/or being in actual physical control of a vehicle

while under the influence of alcohol and/or drugs, and I have 1 or more prior

offenses, as defined in RCW 46.61.5055(14) within 7 years; or if the original

charge was Vehicular Homicide (RCW 46.61.520) or Vehicular Assault

(RCW 46.61.522) committed while under the influence of intoxicating liquor or

any drug, I have been informed and understand that I will be subject to the

penalties for Reckless Driving described in the “DUI Attachment.”

(u) If this case involves negligent driving in the 1st degree, and I have 1 or more prior

offenses, as defined in RCW 46.61.5055(14), within 7 years, I have been

informed and understand that I will be subject to the penalties for Negligent

Driving–1st Degree described in the “DUI Attachment.”

(v) If this case involves a conviction for operating a vehicle without an ignition

interlock device under RCW 46.20.740, then my sentence will run consecutive to

any sentences imposed under RCW 46.20.750, 46.61.502, 46.61.504, or

46.61.5055. RCW 46.20.740(3).

(w) If this case involves a conviction for tampering with or circumventing an ignition

interlock device under RCW 46.20.750, then my sentence will run consecutive to

any sentences imposed under RCW 46.20.740(3), 46.61.502, 46.61.504,

46.61.5055, 46.61.520(1), or 46.61.522(1)(b).

(x) If this crime involves sexual misconduct with a minor in the 2nd degree,

communication with a minor for immoral purposes, an attempt, solicitation, or

conspiracy to commit a sex offense, a kidnapping offense involving a minor, as

defined in RCW 9A.44.128, or unlawful transmission of human immunodeficiency

virus (HIV) to a child or vulnerable adult under chapter 70.24 RCW, I will be

required to register with the county sheriff as described in the “Offender

Registration Attachment.”

(y) Pursuant to RCW 43.43.754, if this crime is an offense which requires sex or

kidnapping offender registration, or is one of the following offenses: assault in the

4th degree where domestic violence was pleaded and proved, assault in the 4th

degree with sexual motivation, communication with a minor for immoral purposes,

custodial sexual misconduct in the 2nd degree, failure to register, harassment,

patronizing a prostitute, sexual misconduct with a minor in the 2nd degree,

stalking, indecent exposure, or violation of a sexual assault protection order, I will

be required to have a biological sample collected for purposes of DNA identification

analysis, unless it is established that the Washington State Patrol crime laboratory

already has a sample from me for a qualifying offense.

(z) Travel Restrictions: I will be required to contact my probation officer, the probation

director or designee, or the court if there is no probation department, to request

permission to travel or transfer to another state if I am placed on probation for 1

year or more and this crime involves (i) an offense in which a person has incurred

direct or threatened physical or psychological harm; (ii) an offense that involves

the use or possession of a firearm; (iii) a second or subsequent misdemeanor

offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that

requires the offender to register as a sex offender in the sending state. I

understand that I will be required to pay an application fee with my travel or

transfer request.

7. I plead guilty to the crime(s) of as

charged in the complaint(s) or citation(s) and notice. I have received a copy of that

complaint or citation and notice.

The complaint or citation and notice was orally amended and I waive filing of a

written amended complaint or citation and notice.

8. I make this plea freely and voluntarily.

9. No one has threatened harm of any kind to me or to any other person to cause me to

make this plea.

10. No person has made promises of any kind to cause me to enter this plea except as set

forth in this statement.

11. Statement of Facts [by Defendant]: The judge has asked me to state in my own words

what I did that makes me guilty of the crime(s), including domestic violence relationships if

they apply. This is my statement (state the specific facts that support each element of the

crime(s)):

.

The crime(s) was (were) committed against intimate partner(s).

(names) ____________________________________________.

The crime(s) was (were) committed against family or household member(s):

(names) ____________________________________________.

[No statement made.] Instead of making a statement, I agree that the court may

review the police reports and/or a statement of probable cause supplied by the prosecution

to establish a factual basis for the plea, including a determination of my relationship to

each victim as:

intimate partner(s): (names) ___________________________________ .

family or household member(s): (names) ___________________________ .

12. My lawyer has explained to me, and we have fully discussed, or I have read, all of the

above paragraphs. I understand them all. I have been given a copy of this “Statement of

Defendant on Plea of Guilty.” I have no further questions to ask the judge.

[] An interpreter has interpreted the above paragraphs and my lawyer’s explanation into

the ______________ language, which I understand.

Date:

Defendant

I have read and discussed this statement with the

defendant and believe that the defendant is

competent and fully understands the statement.

Prosecuting Authority Defendant's Lawyer

Type or Print Name WSBA No. Type or Print Name WSBA No.

The foregoing statement was signed by the defendant in open court in the presence of the defendant’s

lawyer (if represented) and the undersigned judge. The defendant asserted that (check the appropriate box):

[] (a) The defendant had previously read; or

[] (b) The defendant’s lawyer had previously read to the defendant; or

[] (c) An interpreter had previously sight translated the entire statement above to the defendant and that

the defendant understood it in full.

Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by

the court to interpret in the ____________________________ language. I have translated this document for

the defendant from English into that language. I certify under penalty of perjury under the laws of the state of

Washington that the foregoing is true and correct.

Signed at (city) __________________________, (state) ______, on (date) _________________.

_______________________________________ ______________________________________

Interpreter Print Name WA AOC No.

I find the defendant’s plea of guilty to be knowingly, intelligently, and voluntarily made. The defendant

understands the charges and the consequences of the plea. There is a factual basis for the plea. The

defendant is guilty as charged.

Dated: _____________________________

Judge/Commissioner/Judge Pro Tempore

“DUI ATTACHMENT”

Case Name: ____________________________ Cause No.: ____________________

“DUI Attachment”: Driving under the influence of alcohol and/or actual physical control of a vehicle

while under the influence of alcohol and/or drugs. (If required, attach to Statement of Defendant on Plea

of Guilty.)

Court – DUI Sentencing Grid (RCW 46.61.5055 as amended by statute effective Jan. 1, 2022)

BAC Result < .15 or

No Test Result

No Prior Offense1 One Prior Offense1 Two Prior Offenses1

Mandatory Minimum/

Maximum Jail Time2

24 Consecutive

Hours/364 Days

30/364 Days

Consecutive

90/364 Days

Consecutive

Each Passenger Under

Age 16, Mandatory Jail

Additional 24 Hours

Consecutive

Additional 5 Days Additional 10 Days

EHM or Jail Alternative2 15 Days in Lieu of Jail 60 Days Mandatory

.

120 Days Mandatory/8

Days Jail Min.

Alternative to

Mandatory Jail + EHM

N/A Jail+180 Days EHM2 or

120 days of 24/7

sobriety program

monitoring

360 Days EHM2 or 360

days of 24/7 sobriety

program monitoring

Mandatory Minimum/

Maximum Fine***3

$990.50/$5,000 $1,245.50/$5,000 $2,095.50/$5,000

If Passenger Under

Age 16,

Minimum/Maximum

Range***4

$1,000/$1,000-$5,000

+ assessments

$1,000/$2,000-$5,000

+ assessments

$1,000/$3,000-$10,000

+ assessments

Driver's License** 90-Day Suspension5 2-Year Revocation5 3-Year Revocation

Each Passenger Under

Age 16,

II Device

Additional 12 Months Additional 12 Months Additional 12 Months

24/7 Sobriety Program2 If available If available If available

Alcohol/Drug Ed./Victim

Impact or Treatment

As Ordered As Ordered As Ordered

Expanded Substance

Use Disorder

Assessment/Treatment

N/A Mandatory/treatment if

appropriate

Mandatory/treatment if

appropriate

II Device DOL imposed in all cases.

BAC Result ≥ .15 or

Test Refusal

No Prior Offense1 One Prior Offense1 Two Prior Offenses1

Mandatory Minimum/

Maximum Jail Time2

48 Consecutive

Hours/364 Days

45/364 Days 120/364 Days

Each Passenger Under

Age 16, Mandatory Jail

Additional 24 Hours

Consecutive

Additional 5 Days

Consecutive

Additional 10 Days

Consecutive

EHM Or Jail

Alternative2

30 Days in Lieu of Jail 90 Days Mandatory. 150 Days Mandatory/

10 Days Jail Min.

Alternative to

Mandatory Jail + EHM

N/A 6 Months EHM2 or 120

days of 24/7 Sobriety

Program Monitoring

360 days EHM2 or 360

days of 24/7 Sobriety

Program Monitoring

Mandatory Minimum/

Maximum Fine***3

$1,245.50/$5,000 $1,670.50/$5,000 $2,945.50/$5,000

If Passenger Under

Age 16,

Minimum/Maximum

Range***4

$1,000/$1,000-$5,000

+ assessments

$1,000/$2,000-$5,000

+ assessments

$1,000/$3,000-$10,000

+ assessments

Driver's License** 1-Year Revocation5

2 Years if BAC refused

900-Days Revocation

3 Years if BAC refused

4-Year Revocation

Each Passenger Under

Age 16,

II Device

Additional 18 Months Additional 18 Months Additional 18 Months

24/7 Sobriety Program2 If available If available If available

Alcohol/Drug Ed./Victim

Impact or Treatment

As Ordered As Ordered As Ordered

Expanded Substance

Use Disorder

Assessment/Treatment

N/A Mandatory/treatment if

appropriate

Mandatory/treatment if

appropriate

* See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 5.

** Driver’s license minimum suspension/revocation. See note 5 for exceptions. DOL may impose more.

*** Mandatory Minimum fines may be reduced, waived, or suspended if defendant is indigent, as provided by law.

1Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within 7

years before or after the arrest date on the current offense. RCW 46.61.5055(14)(c). “Prior offense” is

defined by RCW 46.61.5055(14)(a) to include–

• Original Convictions for the following (including equivalent local ordinances) for: (1) Driving

Under the Influence (DUI) (RCW 46.61.502) or an equivalent out-of-state conviction; (2) Phys.

Cont. (RCW 46.61.504); (3) Commercial Vehicle DUI/Physical Control, (RCW 46.25.110); (4)

Watercraft DUI (RCW 79A.60.040(2)); (5) Aircraft DUI (RCW 47.68.220); (6) Nonhighway vehicle

DUI (RCW 46.09.470(2)); and (7) Snowmobile DUI (RCW 46.10.490(2)).

• Amended Convictions for: (1) Originally charged with DUI (RCW 46.61.502) or Physical Control

(RCW 46.61.504) or an equivalent local ordinance, or Vehicular Homicide (RCW 46.61.520) or

Vehicular Assault (RCW 46.61.522) but convicted of Negligent Driving 1st (RCW 46.61.5249),

Reckless Driving (RCW 46.61.500), or Reckless Endangerment (RCW 9A.36.050), or an equivalent

local ordinance. This section also applies for equivalent out-of-state convictions; (2) Originally

charged with Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522)

committed while under the influence of intoxicating liquor or any drug, but convicted of Vehicular

Homicide or Vehicular Assault committed in a reckless manner or with the disregard for the safety

of others; (3) Originally charged with Watercraft DUI (RCW 79A.60.040(2)) or an equivalent local

ordinance, but convicted of Operating a Watercraft in a reckless manner (RCW 79A.60.040(1)) or

an equivalent local ordinance; (4) Originally charged with Aircraft DUI (RCW 47.68.220) or an

equivalent local ordinance, but convicted of Operating an Aircraft in a careless or reckless manner

(RCW 47.68.220) or an equivalent local ordinance.

• Deferred Prosecution Granted for: (1) Driving Under the Influence (DUI) (RCW 46.61.502),

including local and out-of-state equivalents; (2) Physical Control of a Vehicle under the influence

(Physical Control) (RCW 46.61.504), including local and out-of-state equivalents; (3) Negligent

Driving 1st (RCW 46.61.5249) or equivalent local ordinance if the charge under which the deferred

prosecution was granted was originally filed as a violation of DUI (RCW 46.61.502) or Physical

Control (RCW 46.61.504), or an equivalent local ordinance, or Vehicular Homicide (RCW

46.61.520) or Vehicular Assault (RCW 46.61.522); and (4) an equivalent out-of-state deferred

prosecution for DUI or Physical Control, including a substance use disorder treatment program

(RCW 46.61.5055(14)(a)(xvi). If a deferred prosecution is revoked based on a subsequent

conviction for an offense listed in RCW 46.61.5055(14)(a), the subsequent conviction shall not be

treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing.

• Deferred Sentences for: Originally charged with DUI (RCW 46.61.502) or Physical Control

(RCW 46.61.504) or an equivalent local ordinance, or Vehicular Homicide (RCW 46.61.520) or

Vehicular Assault (RCW 46.61.522), but deferred sentence was imposed for: Negligent Driving 1st

(RCW 46.61.5249), Reckless Driving (RCW 46.61.500), Reckless Endangerment

(RCW 9A.36.050), or an equivalent local ordinance.

2Mandatory Jail, Electronic Home Monitoring (EHM), and 24/7 Sobriety Program:

No prior offenses: Where there are no prior offenses with an arrest date within 7 years before or after

the arrest date of the current offense, the mandatory imprisonment may not be suspended unless the

court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the

offender’s physical or mental well-being. The court may grant EHM instead of mandatory minimum jail.

Instead of jail time or EHM in lieu of jail time, and when the alcohol concentration is (1) less than 0.15, the

court may order a 90-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may

order a 120-day period of 24/7 sobriety program monitoring.

One prior offense: Where there is 1 prior offense with an arrest date within 7years before or after the

arrest date of the current offense, the mandatory imprisonment and EHM may not be suspended unless

the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the

offender’s physical or mental well-being. In lieu of the mandatory term of imprisonment and EHM, when

alcohol concentration is (1) less than 0.15, the court may order a minimum of either 180 days of EHM or a

120-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may order a minimum of

either 6 months of EHM or a 120-day period of 24/7 sobriety program monitoring, or a 120-day ignition

interlock device requirement, or both.

Two prior offenses: If there are 2 prior offenses with an arrest date within 7 years before or after the

arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum

statutory term and may not be suspended unless the court finds that imposition of this mandatory

minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. In lieu

of the mandatory minimum term of imprisonment and EHM, the court may order a minimum of either 360

days of EHM or 360-day period of 24/7 sobriety program and monitoring. If the 24/7 sobriety program is

available, the court shall order 6-month 24/7 sobriety program monitoring, or a 6-month ignition interlock

device requirement, or both.

II Device: A sentence imposed for driving without an ignition interlock device (IID) installed as required

or for circumventing an IID must be consecutive to any sentence imposed for DUI or Physical Control.

RCW 46.20.740; RCW 46.20.750.

The 24/7 sobriety program is a program which requires tests of the defendant’s blood, breath, urine, or

other bodily substances to find out if there is alcohol, marijuana, or any controlled substance in their body.

Testing must take place at designated location(s). The defendant may be required to pay the fees and costs

for the program. RCW 46.61.5055(1), (2), (3), (5); RCW 36.28A.330.

Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: (1)

drive a motor vehicle without a valid license to drive, (2) drive a motor vehicle without proof of liability

insurance or other financial responsibility (SR 22), (3) drive or be in physical control of a vehicle while

having an alcohol concentration of .08 or more or a THC concentration of 5.00 nanograms per milliliter of

whole blood or higher within 2 hours after driving, (4) refuse to submit to a test of their breath or blood to

determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable

grounds to believe the person was driving or was in actual physical control of a motor vehicle while under

the influence of intoxicating liquor or drug, (5) drive a motor vehicle without a functioning ignition interlock

device as required by DOL. For each violation of the above mandatory conditions the court shall order a

minimum of 30 days’ confinement, which may not be suspended or deferred. For each incident involving

a violation, the court shall suspend the license for 30 days. RCW 46.61.5055(11). Courts are required to

report violations of mandatory conditions requiring confinement or license suspension to DOL.

RCW 46.61.5055.

3Mandatory Monetary Penalty: Criminal Conviction Fee, RCW 3.62.085, shall not be imposed if the

defendant is indigent as defined in RCW 10.101.010(3)(a)-(c). Fine, RCW 46.61.5055(1)-(3), mandatory

minimum may not be suspended unless the defendant is indigent. PSEA 1, RCW 3.62.090(1) if

applicable, shall not be suspended or waived; Alcohol Violators Fee, RCW 46.61.5054, may suspend all

or part of fee if the defendant does not have ability to pay; Criminal Justice Funding (CJF) Penalty,

RCW 46.64.055, may not be reduced, waived, or suspended unless the defendant is indigent (Note:

RCW 3.62.090(1) and (2) apply to CJF penalty. If applicable, shall not be suspended or waived.) The

court may order reimbursement of emergency response expenses. RCW 38.52.430.

4If Passenger Under Age 16: The interpretation of RCW 46.61.5055(6), regarding the fines, is

unsettled. Some interpret it as setting a new mandatory minimum and maximum fine, replacing a fine in

RCW 46.61.5055(1)-(3). Some interpret it as setting a fine that is in addition to one of those fines. Apply

applicable assessments. The court may not suspend the minimum fine unless defendant is indigent.

5Driver’s License and 24/7 Sobriety Program: If there are no prior offenses, and the person’s

alcohol concentration is:

• less than 0.15, the person’s driving privilege is suspended for 90 days or until the person is evaluated

by an substance use disorder agency or probation department and completes or is enrolled in a 90-day period of 24/7 sobriety program monitoring. The license suspension must not be fewer than 2

days. RCW 46.61.5055(9).

• at least 0.15, the person’s driving privilege is revoked for 1 year or until the person is evaluated by an

substance use disorder agency or probation department and completes or is enrolled in a 120-day

period of 24/7 sobriety program monitoring. The license revocation must not be fewer than 4 days.

RCW 46.61.5055(9).

If there is 1 prior offense and the person’s alcohol concentration is less than 0.15, the person’s driving

privilege is revoked for 2 years or until the person is evaluated by substance use disorder agency or

probation department and the person completes or is enrolled in a 6-month period of 24/7 sobriety

program monitoring. In no circumstances shall the license suspension be for less than 1 year.

RCW 46.61.5055(9)

Felony DUI and Felony Physical Control: A current offense is a Class B felony punished under

ch. 9.94A RCW if the defendant has (1) 3 prior convictions within ten years, or (2) 1 prior conviction of

Vehicular Homicide or Vehicular Assault, or (3) a prior felony resulting from (1) or (2). “Within ten years”

means that the arrest for the prior offense occurred within 10 years before or after the arrest for the

current offense. RCW 46.61.5055(14)(c).

Jurisdiction: The court has 5 years’ jurisdiction.

Court and Department of Licensing (DOL) Ignition Interlock Requirements

RCW 46.20.720 as amended by statute effective Jan. 1, 2022.

Court Order To Comply with Rules and Requirements of DOL: The court orders the person to

comply with the rules and requirements of DOL regarding the installation and use of a functioning Ignition

Interlock device on all motor vehicles operated by the person. If the court orders the person to refrain

from consuming any alcohol, the court may order the person to submit to alcohol monitoring and to pay

for the monitoring unless the court specifies the cost will be paid with funds available from an alternative

source identified by the court. RCW 46.61.5055(5).

DOL Ignition Interlock Device (IID) Requirements RCW 46.20.720:

Restriction and duration:

• Postconviction: After any applicable period of suspension, revocation, or denial of driving privilege

due to conviction for DUI, Physical Control, or an equivalent local or out-of-state statute or ordinance.

No Previous Restriction: Previous 1-Year Restriction: Previous 5-Year Restriction:

1 Year 5 Years 10 Years

• Passenger Under Age 16: DOL shall extend the ignition interlock restriction an additional 12 months

or 18 months for each passenger under age 16 as required by RCW 46.61.5055(6)(a). RCW

46.20.720(3)(c). This period is in addition to any other ignition interlock device requirements imposed

by the court or the Department of Licensing.

• Tolling: For incidents occurring on or after June 9, 2016, the restriction is tolled for any period in

which the person does not have an IID installed on a vehicle owned or operated by the person unless

DOL determines the person is unable to operate an IID due to a physical disability.

• Court Order: If the court orders that a person may drive only a motor vehicle equipped with a

functioning IID, the court sets the duration of the restriction, up to the 5 years’ jurisdictional limit of the

court, and the alcohol set point. RCW 46.20.720(1)(e).

Alcohol Set Point: Unless otherwise ordered, the alcohol set point for any IID shall be 0.02%.

IID Costs: $21 fee per month and any other costs associated with the use of an IID. DOL may waive the

monthly fee if the person is indigent under RCW 10.101.010.

Requirements for removal: Restriction effective until IID vendor certifies to DOL that none of the

following occurred within 180 days prior to date of release: any attempt to start the vehicle with a BAC of

0.04 or more unless another test performed within 10 minutes registers a breath alcohol concentration

lower than 0.04 and the digital image confirms the same person provided both samples; failure to take

any random test unless a review of the digital image confirms that the vehicle was not occupied by the

driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration

of 0.02 or lower unless another test performed within 10 minutes registers a breath alcohol concentration

lower than 0.02, and the digital image confirms the same person provided both samples; failure of the

person to appear at the IID vendor when required; removal of the IID by a person other than an IID

technician certified by the Washington State Patrol; and the IID was not tampered with in the manner

described in RCW 46.20.750.

Day-for-Day credit: All time during which a required IID is installed applies on a day-for-day basis

toward a post-conviction IID requirement for the same incident. If day-for-day credit exceeds the post-conviction requirement, DOL may waive requirements.

Prior Suspension: Prior Suspension: If a person has already served a suspension, revocation, or

denial under RCW 46.20.3101 for a period equal to or greater than the suspension period imposed by the

DOL, the department shall provide notice of full credit, shall provide for no further suspension or

revocation provided the person has completed the requirements of RCW 46.20.311 and paid the

probationary license fee under RCW 46.20.311 by the date specified in the notice provided by the DOL.

RCW 46.61.5055(9)(b).

Employer Exemption: The installation of an IID is not necessary on vehicles owned, leased, or rented

by a person’s employer and on those vehicles whose care and/or maintenance is the temporary

responsibility of the employer and driven at the direction of a person’s employer as a requirement of

employment during business hours upon providing an Employer Exemption declaration to DOL.

However, the employer exemption does not apply when the employer’s vehicle is assigned exclusively to

the restricted driver and is used solely for commuting to and from employment.

Court – Reckless Driving/Negligent Driving – 1st Degree Sentencing Grid

(RCW 46.61.500, RCW 46.61.5249, RCW 46.20.720 as amended through

Jan. 1, 2022)

Reckless Driving

Conviction Qualifications

Reckless Driving (RCW

46.61.500(3)(a))

• Original charge: Violation of DUI (RCW 46.61.502) or Physical

Control (RCW 46.61.504) or equivalent local ordinance.

• One or More Prior Offenses within 7 years as defined above.

Reckless Driving (RCW

46.61.500(3)(b))

• Original charge; Violation of Vehicular Homicide (RCW

46.61.520) or Vehicular Assault (RCW 46.61.522) committed

while under the influence of intoxicating liquor or any drug.

Consequences

II Device • 6 Months.

• Restriction remains in effect, until IID vendor certifies to DOL

that none of the following incidents occurred within 180 days

before date of release: any attempt to start the vehicle with a

BAC of 0.04 or more, unless another test performed within 10

minutes registers a breath alcohol concentration lower than 0.04

and the digital image confirms the same person provided both

samples; failure to take any random test unless a review of the

digital image confirms that the vehicle was not occupied by the

driver at the time of the missed test; failure to pass any random

retest with a breath alcohol concentration of 0.02 or lower

unless another test performed within 10 minutes registers a

breath alcohol concentration lower than 0.02, and the digital

image confirms the same person provided both samples; failure

of the person to appear at the IID vendor when required;

removal of the IID by a person other than an IID technician

certified by WSP; and the IID was not tampered with in the

manner described in RCW 46.20.750. RCW 46.20.720.

• For incidents occurring on or after June 9, 2016, the restriction

is tolled for any period in which the person does not have an IID

installed on a vehicle owned or operated by the person.

• DOL will give day-for-day credit as allowed by law.

• Costs associated with the use of the ignition interlock device,

and $21 fee per month.

Maximum Jail Time • 364 days, if convicted of reckless driving.

Maximum Fine • $5,000, if convicted of reckless driving.

EHM • As ordered.

Driver’s License • 30-day suspension.

• DOL will give day-for-day credit as allowed by law.

II Driver's License • As imposed by DOL. May apply for II driver’s license if original

charge was violation of DUI (RCW 46.61.502) or Physical

Control (RCW 46.61.504) or equivalent local ordinance. If the

defendant is eligible to apply, but does not have a Washington

driver’s license, the defendant may apply for an II license. DOL

may require the defendant to take a licensing examination and

apply and qualify for a temporary restricted driver’s license.

• During any period of suspension, revocation or denial, a person

who has obtained an II driver’s license under RCW 46.20.385

may continue to drive without getting a separate temporary

restricted driver’s license.

Alcohol/Drug Ed./Victim Impact

or Treatment

• As ordered.

24/7 Sobriety Program • As ordered by the court, if use of alcohol or drugs was a

contributing factor in the commission of the crime.

Negligent Driving – 1st Degree

Conviction Qualifications

Negligent Driving - 1st Degree

(RCW 46.61.5249)

• One or More Prior Offenses within 7 years as defined above.

Consequences

II Device • 6 Months.

• Restriction remains in effect, until IID vendor certifies to DOL

that none of the following incidents occurred within 180 days

before date of release: any attempt to start the vehicle with a

BAC of 0.04 or more unless another test performed within 10

minutes registers a breath alcohol concentration lower than 0.04

and the digital image confirms the same person provided both

samples; failure to take any random test unless a review of the

digital image confirms that the vehicle was not occupied by the

driver at the time of the missed test; failure to pass any random

retest with a breath alcohol concentration of 0.02 or lower

unless another test performed within 10 minutes registers a

breath alcohol concentration lower than 0.02, and the digital

image confirms the same person provided both samples; failure

of the person to appear at the IID vendor when required;

removal of the IID by a person other than an IID technician

certified by WSP; and the IID was not tampered with in the

manner described in RCW 46.20.750. RCW 46.20.720.

• For incidents occurring on or after June 9, 2016, the restriction

is tolled for any period in which the person does not have an IID

installed on a vehicle owned or operated by the person.

Maximum Jail Time • 90 days, if convicted of negligent driving in the 1st degree.

Maximum Fine • $1,000, if convicted of negligent driving in the 1st degree.

EHM • As ordered.

Driver's License • As imposed by DOL.

Alcohol/Drug Ed./Victim Impact

or Treatment

• As ordered.

24/7 Sobriety Program • As ordered by the court, if use of alcohol or drugs was a

contributing factor in the commission of the crime.

Case Name: Cause No.:

“Offender Registration” Attachment: Sexual misconduct with a minor in the second degree,

communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex

offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.128. (If required, attach to

Statement of Defendant on Plea of Guilty.)

1. General Applicability and Requirements: Because this crime involves sexual misconduct with a

minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or

conspiracy to commit a sex offense, or a kidnapping offense involving a minor, as defined in

RCW 9A.44.128, I will be required to register.

If I am a resident of Washington, I must register with the sheriff of the county of the state of Washington

where I reside. I must register within three business days of being sentenced unless I am in custody, in

which case I must register at the time of my release with the person designated by the agency that has

jurisdiction over me. I must also register within three business days of my release with the sheriff of the

county of the state of Washington where I will be residing.

While in custody, if I am approved for partial confinement, I must register when I transfer to partial

confinement with the person designated by the agency that has jurisdiction over me. I must also register

within three business days from the end of partial confinement or release from confinement with the sheriff of

the county where I reside.

If I am not a resident of Washington, but I am a student in Washington or I am employed in Washington or I

carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of

employment, or vocation. I must register within three business days of being sentenced unless I am in

custody, in which case I must register at the time of my release with the person designated by the agency

that has jurisdiction over me. I must also register within three business days of my release with the sheriff of

the county of my school, where I am employed, or where I carry on a vocation.

2. Offenders Who Are New Residents, Temporary Residents, or Returning Washington

Residents: If I move to Washington or if I leave this state following my sentencing or release from

custody but later move back to Washington, I must register within three business days after moving to

this state. If I leave this state following my sentencing or release from custody, but later while not a

resident of Washington I become employed in Washington, carry on a vocation in Washington, or attend

school in Washington, I must register within three business days after attending school in this state or

becoming employed or carrying out a vocation in this state. If I am visiting and intend to reside or be

present 10 or more days in Washington, then I must register the location where I plan to stay or my

temporary address with the sheriff of each county where I will be staying within three business days of my

arrival.

3. Change of Residence Within State: If I change my residence within a county, I must provide, by

certified mail, with return receipt requested or in person, signed written notice of my change of residence

to the sheriff within three business days of moving. If I change my residence to a new county within this

state, I must register with the sheriff of the new county within three business days of moving. Also within

three business days, I must provide, by certified mail, with return receipt requested or in person, signed

written notice of my change of address to the sheriff of the county where I last registered.

4. Leaving the State or Moving to Another State: If I move to another state, or if I work, carry on

a vocation, or attend school in another state, I must register a new address, fingerprints, and photograph

with the new state within three business days after establishing residence, or after beginning to work,

carry on a vocation, or attend school in the new state. If I move out of the state, I must also send written

notice within three business days of moving to the new state or to a foreign country to the county sheriff

with whom I last registered in Washington State.

5. Travel Outside the United States: If I intend to travel outside the United States, I must provide,

signed written notice of the details of my plan to travel out of the country to the sheriff of the county where

I am registered. Notice must be provided at least 21 days before I travel. Notice may be provided to the

sheriff by certified mail, with return receipt requested, or in person.

If I cancel or postpone this travel, I must notify the sheriff within three days of canceling or postponing my

travel or on the departure date I provide in my notice, whichever is earlier.

If I travel routinely across international borders for work, or if I must travel unexpectedly due to a family or

work emergency, I must personally notify the sheriff at least 24 hours before I travel. I must explain to the

sheriff in writing why it is impractical for me to comply with the notice required by RCW 9A.44.130(3).

6. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of

Higher Education or Common School (K-12): I must give notice to the sheriff of the county where I am

registered within three business days:

(i) before arriving at a school or institution of higher education to attend classes;

(ii) before starting work at an institution of higher education; or

(iii) after any termination of enrollment or employment at a school or institution of higher education.

7. Registration by a Person Who Does Not Have a Fixed Residence: Even if I do not have a

fixed residence, I am required to register. Registration must occur within three business days of release

in the county where I am being supervised if I do not have a residence at the time of my release from

custody. Within three business days after losing my fixed residence, I must send signed written notice to

the sheriff of the county where I last registered. If I enter a different county and stay there for more than 24

hours, I will be required to register with the sheriff of the new county not more than three business days

after entering the new county. I must also report in person to the sheriff of the county where I am

registered on a weekly basis. The weekly report will be on a day specified by the county sheriff’s office,

and shall occur during normal business hours. I must keep an accurate accounting of where I stay during

the week and provide it to the county sheriff upon request. The lack of a fixed residence is a factor that

may be considered in determining a sex offender’s risk level and shall make me subject to disclosure to

the public at large pursuant to RCW 4.24.550.

8. Application for a Name Change: If I apply for a name change, I must submit a copy of the

application to the county sheriff of the county of my residence and to the state patrol not fewer than five

days before the entry of an order granting the name change. If I receive an order changing my name, I

must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol

within three business days of the entry of the order. RCW 9A.44.130(7).

Date: __________________________________ _______________________________

Defendant’s signature

(h) Verification by Interpreter. If a defendant is not fluent in the English language, a

person the court has determined has fluency in the defendant’s language shall certify that the

written statement provided for in section (g) has been translated orally or in writing and that the

defendant has acknowledged that he or she understands the translation.

The foregoing statement was signed by the defendant in open court in the presence of the

defendant’s lawyer, if represented, and the undersigned judge. The defendant asserted that

(check the appropriate box):

[] (a) The defendant had previously read; or

[] (b) The defendant’s lawyer had previously read to him or her; or

[] (c) An interpreter had previously read to the defendant the entire statement above and that the

defendant understood it in full.

Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise

qualified by the court to interpret in the ____________________________ language, which the

defendant understands. I have translated this document for the defendant from English into that

language. I certify under penalty of perjury under the laws of the state of Washington that the

foregoing is true and correct.

Signed at (city) ____________________, (state) ____________, on (date) _________________.

_______________________________________ ____________________________________

Interpreter Print Name

I find the defendant’s plea of guilty to be knowingly, intelligently, and voluntarily made. Defendant

understands the charges and the consequences of the plea. There is a factual basis for the plea.

The defendant is guilty as charged.

Dated: _____________________________

Judge/Commissioner/Judge Pro Tempore

(i) Deferred Prosecution. A written petition shall be filed at the time a defendant moves

the court to grant a deferred prosecution under chapter 10.05 RCW. The petition shall be in

substantially the following form:

Court of Washington

County of________________________________

Plaintiff,

vs.

Defendant.

No:

Petition for Deferred Prosecution

(DPPF)

Charges:

Violation Date:

I am the defendant in this case, and I petition the court for deferred prosecution under ch. 10.05 RCW. I

make the following statements in support of my petition:

1. The wrongful conduct charged is the result of or caused by [] substance use disorders

[] mental problems, [] domestic violence behavior, for which I need treatment.

2. Unless I receive treatment for my problem, the probability is great that I will offend again.

3. I agree to pay the cost of diagnosis and treatment, if I am financially able to do so, subject to

RCW 10.05.130.

4. I understand that the court will not accept a petition for deferred prosecution from a person who

sincerely believes that they are is innocent of the crime(s) charged or does not suffer from alcoholism,

drug addiction, mental problems, or domestic violence behavior patterns.

5. If this charge is a violation of Title 46 RCW or similar municipal ordinance, I have not previously

been placed on a deferred prosecution for a Title 46 RCW or similar municipal ordinance violation.

6. If this charge is a domestic violence offense, I have not previously been placed on a deferred

prosecution for a domestic violence offense, this charge was not originally charged in superior court

as a felony offense, and a prior stipulated order of continuance was not previously granted.

RCW 10.05.010, .160.

7. I have filed a case history and assessment with this petition as required by RCW 10.05.020.

8. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer

appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal

any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me;

(g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s)

against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By

deferring prosecution on these charges, I give up my right to: (a) a speedy trial; (b) a jury; (c)

testimony on my own behalf; (d) an opportunity to call and question witnesses; and (e) present

evidence or a defense.

9. I agree that the facts as reported in the attached police reports are admissible evidence and are

sufficient to support a conviction. I acknowledge that the above items will be used to support a

finding of guilty if the deferred prosecution is revoked.

10. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum

penalty allowed by law.

11. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines

and incarceration if I seek treatment. I understand that I may seek treatment from a public or private

agency at any time, whether or not I have been found guilty or placed on deferred prosecution.

12. For some crimes, a deferred prosecution will enhance mandatory penalties for subsequent offenses

committed within a 7-year period. I understand that a deferred prosecution will be a prior offense

under RCW 46.61.5055 (driving under the influence, physical control of a vehicle under the

influence, negligent driving if originally charged as driving under the influence or physical control of

a vehicle under the influence, vehicular homicide, or vehicular assault).

13. If the court defers prosecution on any crime that would be a violation of state law or local ordinance

relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor

vehicle for the period specified in RCW 46.25.090 and, if I drive a commercial motor vehicle holding

a license issued by Washington State, I will be required to notify the Department of Licensing and my

employer of this deferred prosecution within 30 days of the judge granting this petition.

RCW 46.25.030. If the court grants this Petition, I may not operate a motor vehicle on the public

highways without a valid operator’s license and proof of liability insurance pursuant to RCW

46.29.490. If my wrongful conduct is the result of or caused by alcohol dependency, I shall also be

required to install an ignition interlock device under RCW 46.20.720. The required periods of

interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to

certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to

pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure

continued sobriety and reduce the likelihood of re-offense, the court may order reasonable conditions

during the period of the deferred prosecution including, but not limited to, attendance at self-help

recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all

nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Substance use disorder treatment programs shall require a minimum of 2 self-help

recovery groups per week for the duration of the treatment program. The court may terminate the

deferred prosecution program if I violate this paragraph.

14. If the court defers prosecution for any crime involving domestic violence behavior, I will be ordered

not to possess firearms and I will be ordered to surrender firearms in my possession under

RCW 9.41.800. The court may order me to make restitution and to pay costs under RCW 10.01.160.

The court may also order reasonable conditions during the deferred prosecution to ensure continued

sobriety and reduce the likelihood of re-offense in co-occurring domestic violence and substance

abuse or mental health cases. These conditions include, but are not limited to, attendance at a self-help recovery support group for alcoholism or drugs, complete abstinence from alcohol and all

nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining

law-abiding behavior. The court may terminate the deferred prosecution program if I violate the

deferred prosecution order.

15. A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring

with substance abuse or mental health, must include, but is not limited to, the following requirements:

(a) completion of a risk assessment; (b) participation in the level of treatment recommended by the

program as outlined in the current treatment plan; (c) compliance with the contract for treatment; (d)

participation in any ancillary or co-occurring treatments that are determined to be necessary for the

successful completion of the domestic violence intervention treatment including, but not limited to,

mental health or substance use treatment; (e) domestic violence intervention treatment within the

purview of this section to be completed with a state-certified domestic violence intervention treatment

program; (f) signature of the petitioner agreeing to the terms and conditions of the treatment program;

and (g) proof of compliance with any active order to surrender weapons issued in this program or

related civil protection orders or no-contact orders.

16. If the court grants this petition, during the period of deferred prosecution I will be required to contact

my probation officer, the probation director or designee, or the court if there is no probation department,

to request permission to travel or transfer to another state if my wrongful conduct involves: (a) an

offense in which a person has incurred direct or threatened physical or psychological harm; (b) an

offense that involves the use or possession of a firearm; (c) a second or subsequent misdemeanor

offense of driving while impaired by drugs or alcohol; or (d) a sexual offense that requires me to

register as a sex offender in Washington State. I understand that I will be required to pay an

application fee with my travel or transfer request.

17. If I fail or neglect to comply with any part of my treatment plan or with any ignition interlock device

requirements, then the court will hold a hearing to determine whether I should be removed from the

deferred prosecution program. After the hearing, the court will either order that I continue with

treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar

offense during the deferred prosecution, the court will revoke the deferred prosecution and enter

judgment.

18. The court will dismiss the charge(s) against me in this case 3 years from the end of the 2-year

treatment program and following proof to the court that I have complied with the conditions imposed

by the court following successful completion of the 2-year treatment program, but no less than 5

years from the date the deferred prosecution is granted, if the court grants this petition and if I fully

comply with all the terms of the court order placing me on deferred prosecution. However, when a

deferred prosecution is ordered for a petition brought under RCW 10.05.020(1) involving a domestic

violence behavior problem and the court has received proof that I have successfully completed the

domestic violence treatment plan, the court shall dismiss the charges pending against me.

RCW 10.05.120(3).

I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing

and agree with all of its provisions and that all statements made are true and correct.

Dated at __________________, Washington this ____ day of ________________________, ______.

_________________________________ ____________________________________

Petitioner-Defendant Defense Attorney/WSBA No.

Court of Washington

For ________________________________

Plaintiff,

vs.

Defendant.

No:

Petition for Deferred Prosecution of

Criminal Mistreatment Charge (DPPF)

Violation Date:

I am the defendant in this case and I petition the court for deferred prosecution of a criminal mistreatment

charge under RCW Chapter 10.05. Following are my statements in support of this petition:

1. I am the natural or adoptive parent of the alleged victim.

2. The wrongful conduct charged is the result of parenting problems for which I am in need of services.

3. I am in need of child welfare services under chapter 74.13 RCW to improve my parenting skills in

order to better provide my child(ren) with the basic necessities of life.

4. I want to correct my conduct to reduce the likelihood of harm to my child(ren).

5. I have cooperated with the Department of Social and Health Services to develop a plan to receive

appropriate child welfare services.

6. I agree to pay the cost of the services if I am financially able to do so.

7. I understand that the court will not accept a petition for deferred prosecution from me if I sincerely

believe that I am innocent of the crime(s) or if I sincerely believe that I do not need child welfare

services.

8. I have not previously been placed on a deferred prosecution for a Chapter 9A.42 RCW or similar

municipal ordinance violation.

9. The Department of Social and Health Services’ case history and child welfare service plan have been

filed with this petition as required by RCW 10.05.020.

10. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer

appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal

any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me;

(g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s)

against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By

deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a

jury; (c) testify on my own behalf; (d) call and (e) question witnesses; and (f) present evidence or a

defense.

11. I agree that the facts as reported in the attached police reports are admissible in evidence and are

sufficient to support conviction for the charged crime(s). I acknowledge that the above items will be

used to support a finding of guilty if the deferred prosecution is revoked.

12. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum

penalty allowed by law.

13. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines

and incarceration if I seek treatment. I understand that I may seek treatment from a public or private

agency at any time, whether or not I have been found guilty or placed on deferred prosecution.

14. If the court defers prosecution on any crime that would be a violation of a state law or local ordinance

relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor

vehicle for the period specified in RCW 46.25.090, and if I drive a commercial motor vehicle holding

a license issued by Washington State, I will be required to notify the Department of Licensing and my

employer of this deferred prosecution within 30 days of the judge granting this petition. RCW

46.25.030. If the court grants this petition, I may not operate a motor vehicle on the public highways

without a valid operator’s license and proof of liability insurance pursuant to RCW 46.29.490. If my

parenting problems and resulting wrongful conduct are based on alcohol dependency, I shall also be

required to install an ignition interlock device under RCW 46.20.720. The required periods of

interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to

certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to

pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure

continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions

during the period of the deferred prosecution including, but not limited to, attendance at self-help

recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all

nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. Substance use disorder treatment programs shall require a minimum of two self-help recovery groups per week for the duration of the treatment program. The court may terminate

the deferred prosecution program if I violate this paragraph.

15. If the court grants this petition, during the period of deferred prosecution I will be required to contact

my probation officer, the probation director or designee, or the court if there is no probation department,

to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an

offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an

offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor

offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to

register as a sex offender in Washington state. I understand that I will be required to pay an

application fee with my travel or transfer request.

16. If I fail or neglect to comply with any part of my service plan, or with any ignition interlock device

requirements, the court will hold a hearing to determine whether I should be removed from the

deferred prosecution program. The termination of my parental rights with regard to the alleged

victim due to abuse or neglect that occurred during the pendency of the deferred prosecution shall be

per se evidence that I did not successfully complete the service plan. After the hearing, the court will

either order that I continue with treatment or be removed from deferred prosecution and enter

judgment. If I am convicted of a similar offense during the deferred prosecution, the court will

revoke the deferred prosecution and enter judgment.

17. If the court grants my petition, the court will dismiss the charge(s) against me in this case when the

court receives proof that I have successfully completed the child welfare service plan, or the service

plan has been terminated because the alleged victim has reached his or her majority and there are no

other minor children in the home.

I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing

and agree with all of its provisions and that all statements made are true and correct.

Dated at __________________, Washington this ____ day of _________________________, ______.

_________________________________ ____________________________________

Petitioner-Defendant Defense Attorney/WSBA No.