DUI Deferral Program in West Virginia

The West Virginia DUI Deferral Program came into effect in 2010 with the passage of Senate Bill 186. Under this program, individuals charged with a first-time DUI offense may have the charges dismissed in criminal court and their arrest records expunged. However, their blood alcohol concentration (BAC) must be below 0.15% to qualify.

If you are involved in a similar situation, it’s important to understand that for any future DUI offenses in the U.S., your participation in the deferral program and an initial guilty plea may be used against you to enhance penalties. Specifically, if you plead guilty while in the program, the charges will remain on your record.

We understand that navigating such legal matters can be confusing and stressful. This is where our experienced team at Mountaineer Criminal Law Group can help. Whether you need guidance or defense, consulting with a Martinsburg DUI lawyer from our team can make all the difference in achieving the best possible outcome for your case.

Eligibility for the West Virginia DUI Deferral Program

Under DUI Code 17C-5-2 in West Virginia, the following criteria must be met to qualify for the DUI Deferral Program:

• The individual must be charged with a first-time DUI offense.
• The reported BAC level must be under 0.15%.
• The individual must have no prior DUI convictions in West Virginia or any other jurisdiction in the U.S.
• There must be no record of the individual’s license being previously suspended due to DUI charges.
• The individual cannot hold a Commercial Driver’s License (CDL).
• The individual must not face charges related to drug-impaired driving, driving with a minor in the vehicle, or causing injury while under the influence.

Steps to Apply for the DUI Deferral Program

If you are interested in enrolling in the West Virginia DUI Deferral Program, follow these steps:

Step 1

Notify the court of your intent to participate in the WV DUI Deferral Program within 30 days of your arrest.

Step 2

Do not enter a guilty plea or accept a conviction without the court’s approval or necessary legal guidance.

Step 3

Complete any conditional dismissal or probationary requirements necessary for program eligibility.

Step 4

Consent to a temporary suspension of your driving privileges for a 15-day period.

Step 5

After completing the suspension, agree to install and use an ignition interlock device on your vehicle for 165 days.

Step 6

Following the completion of your sentence, file a motion in court to dismiss your charges.

Step 7

Submit an affidavit stating that you have fulfilled all requirements of the Lock Program and satisfied any obligations with the Department of Motor Vehicles (DMV). Keep in mind that alcohol test results may provide grounds for the prosecution to contest your motion.

Expungement of DUI Records in West Virginia

Once a year has passed since the dismissal of your charges, you may petition the court to have your DUI records expunged. The prosecution may take up to an additional 30 days to file an objection to your request.

If approved, the court will issue an expunction order to the jurisdictional county clerk, authorizing them to process the expungement.

Important Conditions for Program Success

To ensure your deferral remains successful, you must adhere to the following conditions:

• Avoid breaking the ignition interlock agreement during the 165-day period. A violation will result in immediate program cancellation and conviction.
• Be aware that expungement applies only to criminal records, not your driving record or license.
• If felony charges exist, expungement can only occur following the dismissal of these charges.

Get Professional Legal Guidance 

Understanding the DUI Deferral Program and successfully navigating the legal complexities it involves can be challenging. At Mountaineer Criminal Law Group, we are dedicated to assisting individuals with DUI cases. Whether you need a lawyer for strategic legal advice or a Martinsburg DUI lawyer to represent you, our team is here to help you every step of the way.

Contact at  (304) 381-3656 Mountaineer Criminal Law Group today to learn more about how we can assist you with your DUI case and help you achieve the best outcome possible.