DUI Deferral Program in West Virginia

West Virginia’s Senate Bill 186, enacted in 2010, established the DUI Deferral Program. This program offers first-time DUI offenders an opportunity to have their charges dismissed in criminal court and their arrest records cleared. To qualify, your blood alcohol concentration (BAC) must be below .15%.

It’s important to understand that if you face DUI charges again anywhere in the United States, both your participation in the deferral program and any guilty plea can be used against you. This may result in harsher penalties for a second offense. If you plead guilty while in the program, the charges will remain on your record.

These situations can be complex and overwhelming. If you’re facing DUI charges in Morgantown, the Morgantown criminal lawyers at Mountaineer Criminal Law Group can help guide you through the process and work toward a favorable outcome.

Eligibility Requirements for West Virginia’s DUI Deferral Program

According to West Virginia DUI Code 17C-5-2, you must meet the following criteria to qualify for the DUI Deferral Program:

• This must be your first offense for driving under the influence or operating a vehicle while intoxicated
• Your alleged blood alcohol concentration level must be under .15%
• You must have no prior DUI convictions in West Virginia or anywhere else in the United States
• You must not have had your license suspended previously for DUI-related charges
• You cannot hold a commercial driver’s license (CDL)
• You must not have been involved in a DUI case involving drugs, driving with a minor in the vehicle, or causing injuries

If you meet these requirements, a Morgantown criminal lawyer can help you navigate the application process and ensure you understand your rights.

How to Request Entry into the DUI Deferral Program

Follow these steps to apply for admission into the West Virginia DUI Deferral Program:

• Notify the court within 30 days of your arrest that you wish to participate in the DUI Deferral Program
• Do not enter a guilty plea or accept a conviction from the court
• Successfully complete the conditional dismissal period, also known as casual probation
• Agree to a 15-day suspension of your driving privileges
• After the 15-day revocation period, consent to installing an ignition interlock device for 165 days
• Once you’ve completed all requirements, file a motion with the court to dismiss your charges
• Submit an affidavit confirming you’ve completed the Ignition Interlock Program requirements through the Motor Vehicle Division. The prosecution may review this and has the right to object

A Morgantown DUI attorney can assist you with filing the proper documentation and meeting all program requirements.

Expungement of DUI Records in West Virginia

Once your charges have been dismissed, you must wait one full year before requesting expungement of your records. The court will review your request, and the prosecution has 30 days to file an objection.

If approved, the court will issue an expungement order to the Monongalia County clerk for execution.

To successfully complete the deferral program, you must:

• Comply fully with the ignition interlock agreement for all 165 days. Violating this agreement will result in removal from the program and a conviction
• Understand that expungement applies only to criminal records, not your driving record
• Note that if you have prior felony charges, expungement becomes available after dismissal of your DUI charges

If you have questions about the expungement process or need legal representation, contact a lawyer at Mountaineer Criminal Law Group. Our experienced Morgantown DUI attorney team is ready to provide the guidance and support you need to protect your rights and future. Call us now at  412.387.6901 for free consultation.