Overview
In 2010, the West Virginia Law enacted the Senate Bill 186, known as The DUI Deferral Program. This program allows first-time DUI offenders to have their charges dismissed in criminal court and their arrest records expunged, provided their Blood Alcohol Concentration (BAC) is less than 0.15%.
However, it’s crucial to understand that if you commit another DUI offense anywhere in the USA, your participation in the deferral program and your guilty plea could result in severe penalties. Once you plead guilty during the program, the charges will remain.
Navigating these legal intricacies can be confusing and stressful. That’s why seeking help from a Moundsville DUI lawyer at Mountaineer Criminal Law Group is essential. Our team will work to ensure a favorable outcome for your case.
Eligibility for the West Virginia DUI Deferral Program
Under the West Virginia DUI Code 17C-5-2, the eligibility criteria for the DUI Deferral Program include:
- First-time Offense: The individual must be charged with driving under the influence for the first time.
- BAC Limit: The alleged BAC must be below 0.15%.
- Clean Record: The individual must have no prior DUI convictions in West Virginia or any other state in the USA.
- License Status: The individual must never have had their license suspended due to DUI charges.
- Commercial Licenses: The individual must not hold a Commercial Driving License (CDL).
- Additional Charges: The individual must not have any charges related to drug DUI, driving with a minor in the vehicle, or causing injuries in a DUI incident.
Steps to Participate in the DUI Deferral Program
Here is a step-by-step guide to gaining admission to the DUI Deferral Program in West Virginia:
- Inform the Court: Notify the court within one month of your arrest that you wish to enter the WV DUI Deferral Program.
- Avoid a Guilty Plea: Do not enter a guilty plea with conditions or without the court’s consent, as this could lead to a conviction.
- Complete Conditional Dismissal: Fulfill the conditional dismissal or probation period to be successfully admitted to the program.
- Consent to License Suspension: Agree to a 15-day suspension of your driving privileges.
- Install Ignition Interlock Device: After the 15-day license revocation, agree to install an ignition interlock device for 165 days.
- Motion for Dismissal: Once the sentences are completed, file a motion with the court to dismiss your charges.
- Affidavit Submission: Submit an affidavit confirming completion of the Lock Program and Motor Vehicle requirements. Note that the alcohol test results may allow the prosecution to object later.
Expungement of DUI in West Virginia
One year after your charges are dismissed, you can petition the court for expungement of your records. However, the prosecution has another month to file an objection to this motion.
The court will issue an expungement order to the county jurisdiction clerk to execute the order.
To successfully complete the deferral program, you must adhere to these conditions:
- Ignition Interlock Agreement: Do not violate the ignition interlock agreement within the 165-day period, as it will void the program and result in a conviction. The expungement applies only to criminal cases, not to the driving license.
- Previous Felony Charges: Expungement takes place after the dismissal of charges if there are prior felony charges.
To learn more about this process, contact (304) 381-3656 Mountaineer Criminal Law Group and consult with our Moundsville DUI lawyer for essential legal assistance.