The West Virginia Law, which went into effect in 2010, introduced the Senate Bill 186, commonly known as The DUI Deferral Program in WV. Under this program, individuals charged with a first-time DUI offense may have their charges acquitted in the criminal court, and the arrest records wiped out. However, it is important to note that the blood alcohol concentration (BAC) level should be less than .15%.
It is crucial to understand that repeated DUI offenses anywhere in the USA may have serious penalties for using the deferral program and pleading guilty for a second offense. Unfortunately, if you plead guilty during the program, the charges will remain on your record.
We understand that navigating through these situations can be confusing, causing apprehension about the potential consequences. That is why you can rely on the expertise of our Weirton DUI lawyers at Mountaineer Criminal Law Group. Our dedicated team will work tirelessly to ensure a favorable outcome for your case.
Requirements for Eligibility in the West Virginia DUI Deferral Program
To be eligible for the DUI Deferral Program, you must meet the following criteria according to the DUI Code 17C-5-2 in West Virginia:
- You must have been driving under the influence or in an intoxicated condition for the first time.
- Your alleged blood alcohol concentration (BAC) level should be below .15%.
- You must have a clean record with no previous DUI convictions in West Virginia or any other location in the United States.
- Your driver’s license must never have been suspended in relation to DUI charges.
- You must not hold a CDL (commercial driving license).
- You must not have any additional charges under DUI case sections, such as drug DUI, driving with a minor in the car, or sustaining injuries in a DUI case.
We hope that this information clarifies the eligibility criteria for the West Virginia DUI Deferral Program.
Steps to Follow When Requesting the DUI Deferral Program in West Virginia
Here is a step-by-step guide to successfully applying for admission to the DUI Deferral Program:
- Promptly notify the court within 30 days of your arrest of your intention to apply for the WV DUI Deferral Program.
- Refrain from entering a guilty plea with conditions or accepting any signs from the court that may lead to a conviction.
- Complete the conditional dismissal period or casual probation period before successfully being accepted into the program.
- Consent to a 15-day suspension of your driving privileges.
- Upon completion of the 15-day license revocation, agree to install the ignition interlock device for a period of 165 days.
- After completing all required sentences and conditions, file a motion with the court to have your charges dismissed.
- Provide an affidavit stating your commitment to the Lock Program and Motor Vehicle, noting any potential objections the prosecution may raise regarding alcohol test results.
Expungement of DUI in West Virginia:
Once one year has passed following the dismissal of charges, you can seek to have your records expunged by the court, keeping in mind that the prosecution has an additional month to file an objection to this motion.
The court will issue an execution order, which the jurisdiction county clerk will execute.
To ensure a successful deferral, it is imperative to adhere to the following conditions:
- Strictly comply with the ignition interlock agreement for 165 days, as any violation may result in program cancellation and conviction. Please note that expungement only applies to Weirton criminal lawyer cases, not driving licenses.
- The expunction process applies after the dismissal of charges in cases involving previous felony convictions.
- For more information on the process, please visit Mountaineer Criminal Law Group and consult with our Weirton DUI Lawyer, who can provide the necessary legal assistance to guide you through the procedure.