The DUI Deferral Program came into effect in West Virginia in 2010 under Senate Bill 186. This law enables individuals charged with a first-time DUI offense to have their charges dismissed in criminal court, as well as have their arrest records expunged. However, to qualify, the individual’s blood alcohol concentration (BAC) must be less than 0.15%.
While the program offers a second chance for first-time offenders, it’s important to note the implications for future violations. If you’re charged with a subsequent DUI offense anywhere in the United States, your guilty plea under this program can result in more severe penalties for the later offense. Additionally, if you plead guilty during the deferral program, the charges remain on your record.
Navigating these situations can be challenging and overwhelming. For anyone facing such charges, consulting a DUI attorney is crucial. At Mountaineer Criminal Law Group, our team of experienced professionals is ready to assist you in pursuing the most favorable outcome.
According to West Virginia DUI laws (Code 17C-5-2), there are specific eligibility criteria for the DUI Deferral Program. Here’s a breakdown of the requirements:
If you meet the eligibility conditions, here are the steps to apply for the WV DUI Deferral Program in Harrison County:
Inform the court within 30 days of your arrest about your intent to apply for the WV DUI Deferral Program.
Do not plead guilty without ensuring conditions or approvals from the court to avoid an immediate conviction.
Fulfill the conditional dismissal or informal probation period successfully prior to admission into the program.
Consent to a 15-day suspension of your driving privileges as part of the program.
After completing the 15-day suspension period, agree to install an ignition interlock device for a duration of 165 days.
Once you complete all required conditions, file a motion in court to dismiss the charges.
Submit an affidavit confirming your compliance with the interlock program and adherence to other program requirements. Note that the prosecution may challenge the dismissal at this point.
By following these steps, you can work toward resolving your charges under the guidance of an experienced Clarksburg criminal lawyer.
Once one year has passed after the dismissal of your charges, you may file for expungement of relevant records. Keep in mind that the prosecution has 30 days to object to your motion for expungement.
The court will issue an expungement order to the county jurisdiction clerk, making the dismissal official. However, there are specific guidelines that you must adhere to for this process to succeed:
Ensure you comply with the terms of the ignition interlock agreement for the 165-day period. Failure to do so will void the program and result in a conviction on your record.
Expungement applies only to the criminal charges—not to the administrative actions taken against your driver’s license.
For individuals with prior felony charges, expungement may happen after dismissal of the charges, subject to additional legal review.
To avoid the complexities of handling this process on your own, consulting with a Clarksburg DUI attorney is recommended for tailored legal assistance.
Dealing with DUI charges is no easy task, and understanding the nuances of the DUI Deferral Program can make all the difference in securing your future. The consequences of making the wrong decision can lead to long-term complications. Don’t face this process alone when the assistance of a Clarksburg criminal lawyer can simplify the path forward.
At Mountaineer Criminal Law Group, we specialize in helping clients achieve the best possible outcomes for their cases. If you’re facing DUI charges or want to know more about the WV DUI Deferral Program, contact at (304) 381-3656 Clarksburg DUI attorney
team today for expert advice and support.
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