The West Virginia DUI Deferral Program

Introduced in 2010 alongside Senate Bill 186, the West Virginia law established the DUI Deferral Program in WV. Under this initiative, an individual facing a first-time DUI crime might have their charges dismissed in criminal court and their arrest records completely wiped clean. However, a strict requirement is that the driver’s blood alcohol concentration (BAC) must be less than .15%.

In such a scenario, it is vital to keep in mind that if you have repeated DUI offenses anywhere in the USA, your participation in the deferral program and the associated guilty plea can be used against you, leading to severe penalties for a second offense. Unfortunately, if you just plead guilty without completing the program conditions, the criminal charges will remain on your record permanently.

Often, these legal situations feel overwhelming and confusing. You may feel highly apprehensive regarding the long-term impact of these charges on your life. That is exactly when seeking help from a dedicated Wellsburg DUI attorney becomes essential. When you come to the Mountaineer Criminal Law Group, our experienced team will work diligently to ensure you reach a positive outcome for your specific case.

Eligibility Requirements for the West Virginia DUI Deferral Program

According to DUI Code 17C-5-2 in West Virginia, you must meet specific criteria to qualify for the program:

• The citizen must be facing charges for driving in an intoxicated condition or driving under the influence for the very first time.
• The alleged blood alcohol concentration (BAC) level of the driver must be under .15%.
• The individual must maintain a clear record, with no previous records of conviction for DUI cases in the state or any other location within the United States.
• The individual must never have experienced a suspended license due to prior DUI charges.
• The individual must not currently hold a commercial driving license (CDL).
• The individual must not face any charges in other DUI case sections, such as being involved in a drug DUI, driving with a minor in the vehicle, or sustaining/causing injuries in a DUI incident.

Steps to Request Admission into the WV DUI Deferral Program

Here is a step-by-step guide to successfully gaining admission into this legal program:

• You must officially inform the court within one month of your arrest that you are keen to seek admission into the WV DUI Deferral Program.
• Avoid simply entering a guilty plea with conditions or accepting a sign from the court that leads to facing a permanent conviction. Always consult your Wellsburg criminal lawyer first.
• You must fulfill the conditional dismissal period or the casual probation period until you are successfully integrated into the program.
• You must provide your consent to the mandatory suspension of your driving privileges for 15 days.
• Once you successfully complete the license revocation for 15 days, you must agree to install an ignition interlock device in your vehicle for 165 days.
• After the complete fulfillment of these sentences, you can motion the court to officially dismiss your charges.
• Provide an affidavit proving you are done with the Motor Vehicle Lock Program. Note that the alcohol test results may grant authority to the prosecution, to which they might object later in the process.

Expungement of a DUI in West Virginia

When you successfully complete one year following the dismissal of your charges, you are required to petition to get the records expunged by the court. Keep in mind that the prosecution may be granted another month to file an official objection to this motion.

If successful, the court will forward the execution order to the Brooke County jurisdiction clerk, who will then execute the order to clear your name.

Conditions for a Successful Deferral

To make the deferral successful, you must carefully follow these conditions:

• You are strictly not allowed to violate the agreement regarding the ignition interlock device during the 165 days. Doing so will immediately cancel the program and render you a convict. Remember, expunging applies to criminal cases only, not to your driving license records.
• If you have previous felony charges, the expunction process can only take place after the official dismissal of the current charges. Your Wellsburg DUI attorney can clarify this timeline.

If you want to understand more about this complex legal process and protect your future, reach out to the Mountaineer Criminal Law Group. Consult a knowledgeable Wellsburg criminal lawyer to get the necessary legal assistance for your situation. Call us today at (304) 832-8350 to discuss your case.