DUI Deferral Program in West Virginia

The West Virginia DUI Deferral Program was established in 2010 with the introduction of Senate Bill 186. This program provides first-time DUI offenders in the state with an opportunity to have their charges dismissed through the criminal court and to clear their arrest records, provided certain conditions are met. One of the primary eligibility requirements is that the offender’s blood alcohol concentration (BAC) must be less than 0.15%.

It is important to note that participating in the deferral program and submitting a guilty plea can carry long-term implications. For example, if a subsequent DUI offense occurs anywhere in the United States, the previous guilty plea and participation can result in more severe penalties for the second offense. Additionally, if you plead guilty as part of the program, the charges will remain on your record.

For many individuals, navigating this process can be overwhelming and unclear. If you’re unsure about how the DUI charges may impact you, getting professional legal guidance is critical. Consulting an experienced DUI attorney at the Mountaineer Criminal Law Group can help you better understand your options and achieve the best possible outcome.

Eligibility for the West Virginia DUI Deferral Program

Eligibility for the DUI Deferral Program is governed by DUI Code 17C-5-2 in West Virginia. To qualify, you must meet the following requirements:

• First-Time Offense: This must be your first DUI offense while driving under the influence in West Virginia.
• BAC Limit: Your blood alcohol concentration level cannot exceed 0.15%.
• Clean Record: You must have no previous DUI convictions in West Virginia or anywhere else in the United States.
• License History: You must not have had a driver’s license suspension related to DUI charges.
• License Type: You cannot hold a commercial driver’s license (CDL).
• Additional Restrictions: You cannot have been involved in a DUI case with drug-related charges, had a minor in the vehicle, or caused injuries during the incident.

If you meet all of these criteria, you may be eligible to apply for the program. However, it is advisable to work with a Grafton criminal lawyer for valuable guidance throughout the process.

Steps to Enroll in the DUI Deferral Program

Below is a step-by-step guide for seeking admission into the DUI Deferral Program or elsewhere in West Virginia:

1. Notify the Court

Inform the court within 30 days of your arrest that you wish to enroll in the West Virginia DUI Deferral Program. This is a critical step to maintain eligibility.

2. Avoid Immediate Convictions

Do not enter a guilty plea until conditions are agreed upon and your participation in the program is approved to avoid facing a conviction.

3. Complete Probationary Period

Participate in and successfully complete the conditional dismissal or probationary period as required by the program.

4. License Suspension

Agree to a mandatory driver’s license suspension for a period of 15 days.

5. Install Ignition Interlock Device

Following the suspension, install an ignition interlock device for 165 days as part of the program requirements.

6. Motion the Court to Dismiss Charges

Once you complete the required steps, file a motion with the court requesting the dismissal of your charges.

7. Affidavit Submission

Provide an affidavit indicating that you have successfully met all requirements under the Lock Program and related conditions. Note that the prosecution may file objections, particularly during the alcohol testing review.

Expungement of DUI Records in West Virginia

Once one year has passed after the dismissal of charges, you can request the court to expunge your records. However, the prosecution may have up to one month to object to your expungement motion.

The expungement order will then be executed by the county jurisdiction clerk.

Important Conditions for Successful Expungement

• You cannot violate the ignition interlock agreement during the required 165-day period. Violations may terminate your program enrollment and result in a conviction.
• Expungement only applies to criminal charges; it does not cover matters related to your driving license.
• For those with prior felony charges, expungement occurs after the dismissal of charges from the program.

To better understand the expungement process and increase your chances of a successful outcome, consult a knowledgeable DUI attorney at the Mountaineer Criminal Law Group.

Seek Legal Assistance from a Grafton Criminal Lawyer

The DUI Deferral Program offers a second chance to first-time offenders. However, meeting the program’s requirements can be complex, and any mistakes can jeopardize your eligibility.

Whether you’re seeking advice on deferral eligibility or want help navigating the expungement process, the experienced DUI lawyers at Mountaineer Criminal Law Group are here to help. Call at (304) 381-3656 and schedule a consultation with a Grafton criminal lawyer today and take the first step toward resolving your DUI case.