DUI Deferral Program

The West Virginia Law, also known as the DUI Deferral Program in WV, was enacted in 2010 through the implementation of Senate Bill 186. Under this program, a first-time DUI offense may result in the charges being dropped in criminal court and the records of arrest being expunged, provided that the individual’s blood alcohol concentration (BAC) is less than .15%.

However, it is important to note that for subsequent DUI offenses anywhere in the USA, participation in the deferral program and pleading guilty can lead to severe penalties associated with the second offense. Unfortunately, if you choose to plead guilty during the program, the charges will remain.

We understand that these situations can often be confusing and cause significant concerns about the impact of the charges. That’s why the assistance of a Wellsburg WV DUI lawyer from Mountaineer Criminal Law Group can be invaluable. Our team of experienced Wellsburg WV criminal lawyers is dedicated to obtaining favorable outcomes for our clients.

What do you need to become eligible West Virginia DUI Deferral Program

Eligibility for the West Virginia DUI Deferral Program is determined based on the following criteria specified in DUI Code 17C-5-2:

• The individual must have been driving while intoxicated or under the influence for the first time.
• The alleged blood alcohol concentration level must be below .15%.
• The person must have a clean record with no previous convictions for DUI offenses in West Virginia or any other jurisdiction in the United States.
• The individual must have never had their driver’s license suspended due to DUI charges.
• The person must not possess a commercial driving license (CDL) or any other type of commercial license.
• The individual must not have any charges related to sections of the DUI code or have been involved in drug-related DUI incidents, driving with a minor in the vehicle while under the influence, or causing injuries in a DUI case.

Steps to follow when requesting for DUI Deferral Program

• Promptly notify the court within 30 days of your arrest that you are interested in joining the WV DUI Deferral Program.
• Refrain from entering a guilty plea with conditions or accepting a court summons, which could result in a conviction.
• Successfully complete either the conditional dismissal period or the casual probation period to be eligible for program inclusion.
• Consent to a 15-day suspension of your driving privileges.
• After the completion of the 15-day license revocation, agree to install an ignition interlock device for a duration of 165 days.
• Once you have served the required sentences, file a motion with the court to have your charges dismissed.
• Provide an affidavit stating your completion of the Lock Program and the Motor Vehicle requirements. Keep in mind that the prosecution may object to the validity of alcohol test results later on.

Expungement of DUI in West Virginia:

Upon completion of one year after charges are dismissed, file a motion with the court to have your records expunged. Note that the prosecution has one month to raise objections to this motion. 

The court will issue an expunction order, which will be executed by the county jurisdiction clerk.

To ensure the success of your deferral:

• Adhere to the terms of the ignition interlock agreement for the specified 165-day period. Failure to comply may result in program cancellation and conviction. Expungement only applies to criminal cases and not to driving privileges.
•  Expunction of previous felony charges occurs after charges are dismissed.

If you require further information about the process, visit Mountaineer Criminal Law Group and consult our Wellsburg WV DUI Lawyer who will provide you with the necessary legal assistance.