The DUI Deferral Program in West Virginia was introduced in 2010 as part of Senate Bill 186. This program provides a path for individuals charged with their first DUI offense to have their charges dismissed in criminal court and remove any records of the arrest. However, an important stipulation of this program is that the individual’s blood alcohol concentration (BAC) must be below 0.15%.
While this program offers a significant opportunity for first-time offenders, it also brings potential risks. For example, if you face any future DUI offenses anywhere in the U.S., the guilty plea from this program can be used against you, possibly leading to harsher penalties. Additionally, pleading guilty during the program results in the charges remaining on your record.
Understanding these nuances can be complicated, which is why having expert advice is crucial. If you are facing a DUI charge, partnering with a Kingwood DUI attorney from Mountaineer Criminal Law Group can ensure you receive expert guidance and the best possible outcome.
Under West Virginia’s DUI Code 17C-5-2, the following factors determine eligibility for the state’s DUI Deferral Program:
If you meet these criteria, you may qualify for this deferral program. However, navigating the process often requires legal expertise. Consulting a Kingwood criminal lawyer can help clarify your eligibility and guide you in the right direction.
If you are considering the DUI Deferral Program, here’s a step-by-step guide to help you understand the process:
Within 30 days of your arrest, notify the court of your intention to apply for the West Virginia DUI Deferral Program.
Do not enter a guilty plea without proper advice from an attorney, as doing so could result in a conviction.
Complete a conditional dismissal period or probation period before gaining official admission into the program.
Agree to a suspension of your driving privileges for an initial 15 days as part of the program requirements.
After the 15-day suspension, install an ignition interlock device on your vehicle for a minimum of 165 days.
Once all program requirements have been fulfilled, file a motion with the court to have your charges dismissed.
After dismissing the charges, submit an affidavit confirming completion of the ignition interlock program and compliance with the conditions specified.
Remember, during the process, any violations of the ignition interlock agreement may result in the cancellation of the program and lead to a conviction. Working closely with Kingwood DUI attorneys can help you avoid missteps and achieve the best outcome.
Expunging DUI records is an additional step that can be pursued once a year has passed since the dismissal of the charges. This involves petitioning the court to officially erase the records. However, the prosecution is allowed one month to object to this motion.
The court’s expunction order will be delivered to the appropriate county jurisdiction clerk for submission and execution.
For further details or clarity on expungement processes, consult with the experienced Kingwood DUI attorney at Mountaineer Criminal Law Group.
Navigating the parameters and requirements of the DUI Deferral Program and expungement process can be daunting. Ensuring you fully meet the conditions and avoid unintentional errors that could harm your case is essential. Mountaineer Criminal Law Group’s expert Kingwood criminal lawyers specialize in DUI cases to provide the legal guidance you need to protect your rights.
If you or someone you know is looking for assistance with a DUI charge, get in touch with Mountaineer Criminal Law Group today. Kingwood DUI attorney experienced team is here to provide you with the expertise, support, and advocacy necessary to achieve the best possible outcome just call at (304) 381-3656.