West Virginia DUI Deferral Program

In 2010, West Virginia enacted Senate Bill 186, widely known as the WV DUI Deferral Program. Under this legislation, a driver facing a first-time DUI charge might have the opportunity to get their criminal court charges dismissed and effectively clear their arrest record. However, to qualify for this leniency, the individual’s Blood Alcohol Concentration (BAC) must be strictly below .15%.

If you find yourself in this situation, it is crucial to understand that any subsequent DUI offenses anywhere in the United States will be treated severely. The deferral program and any guilty plea entered can be used against you to enforce harsher penalties for a second offense. If you submit a guilty plea during this process, those charges will remain on your record permanently. These legal proceedings can be incredibly overwhelming, which is why securing guidance from a knowledgeable Wheeling DUI attorney is essential. The dedicated legal team at Mountaineer Criminal Law Group is here to help you strive for the most favorable resolution possible.

Eligibility Requirements for the West Virginia DUI Deferral Program

According to West Virginia DUI Code 17C-5-2, you must meet several strict criteria to be accepted into the program. A seasoned Wheeling criminal lawyer can review your case to ensure you meet the following conditions:

• The incident must be your very first time driving under the influence or operating a vehicle in an intoxicated state.
• Your recorded blood alcohol concentration (BAC) level must be less than .15%.
• You must possess a clean background, meaning no prior DUI convictions in West Virginia or anywhere else in the United States.
• You must have no previous driving license suspensions related to DUI charges.
• You cannot be the current holder of a commercial driver’s license (CDL).
• The charge must not involve a drug-related DUI, transporting a minor in the car, or causing physical injuries during the incident.

Steps to Request the DUI Deferral Program

To successfully enter and complete the program in West Virginia, you must carefully follow a specific sequence of actions:

• Notify the court of your intention to join the WV DUI Deferral Program within one month of your initial arrest.
• Do not enter a conditional guilty plea or sign court documents that would result in a direct conviction without consulting a Wheeling DUI attorney first.
• Serve the mandatory casual probation or conditional dismissal period required for full admission into the program.
• Agree to a mandatory suspension of your driving privileges for exactly 15 days.
• Following the 15-day license revocation, consent to the installation of an ignition interlock device in your vehicle for 165 days.
• Once all program sentences are successfully completed, file a motion with the court to have your charges formally dismissed.
• Submit a sworn affidavit proving completion of the Motor Vehicle and Lock Program. Keep in mind that prosecutors may object later based on alcohol test results.

Expungement of a West Virginia DUI

After successfully waiting one full year following the dismissal of your charges, you are eligible to petition the court to have your criminal records expunged. Keep in mind that the prosecution is granted an additional month to formally object to your motion. If approved, the court will issue an execution order directed to the Marshall County jurisdiction clerk to finalize the process.

To guarantee your deferral remains valid, you must strictly adhere to these rules:

• You absolutely must not violate the terms of the ignition interlock agreement during the 165 days. Any violation will void the deferral and result in an immediate conviction.
• Expungement only clears your criminal court records, not your motor vehicle driving records.
• If you have prior felony charges, the execution of the order only happens after the specific DUI charges are dismissed.

For more in-depth information and aggressive legal representation, contact a trusted Wheeling criminal lawyer at Mountaineer Criminal Law Group today by calling (304) 832-8350.