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DUI Deferral Program

The West Virginia Law, also known as the DUI Deferral Program in WV, was enacted in 2010 alongside Senate Bill 186. Under this program, a first-time DUI offense may result in the charges being dismissed and arrest records expunged, provided that the blood alcohol concentration (BAC) is below .15%.

However, it is important to note that participating in this program and pleading guilty can have severe consequences for repeat DUI offenses anywhere in the USA, leading to harsh penalties for a second offense. If you choose to plead guilty during the program, the charges will remain on your record.

Navigating through such situations can be perplexing, causing concerns about the potential implications of these charges. This is when the expertise of a Hancock County DUI lawyer becomes essential, and that’s where Mountaineer Criminal Law Group can assist you. Our team of experienced DUI lawyers will strive to achieve a favorable outcome for your case.

What are the requirements to become eligible West Virginia DUI Deferral Program

To be eligible for the West Virginia DUI Deferral Program, the following criteria must be met according to DUI Code 17C-5-2 in West Virginia:

  • The individual must have been driving under the influence or in an intoxicated state for the first time.
  • The alleged blood alcohol concentration (BAC) level must be below .15%.
  • The individual must have a clean record with no prior DUI convictions in West Virginia or any other location within the United States.
  • The individual’s driver’s license must never have been suspended due to DUI charges.
  • The individual must not hold a CDL or commercial driving license.
  • The individual must not have any additional charges related to DUI, such as drug DUI, driving with a minor in the car, or sustaining injuries in a DUI case.

The individual must not hold a CDL or commercial driving license.

The individual must not have any additional charges related to DUI, such as drug DUI, driving with a minor in the car, or sustaining injuries in a DUI case.

At Mountaineer Criminal Law Group, we are committed to providing you with engaging and high-quality content that addresses your concerns and ensures better understanding of the DUI Deferral Program in West Virginia.

Steps to Follow When Requesting for the DUI Deferral Program in West Virginia

Here is a step-by-step guide to successfully obtaining admission into the DUI Deferral Program in West Virginia:

  • Promptly Notify the Court: Within one month of your arrest, promptly inform the court of your intention to participate in the WV DUI Deferral Program.
  • Avoid Guilty Plea and Conviction: Refrain from entering a guilty plea with conditions or sign from the court, as this may result in a conviction.
  • Fulfill Conditional Dismissal or Casual Probation Period: Successfully complete the required conditional dismissal or casual probation period to qualify for the program.
  • Driving Privileges Suspension: Provide consent to the suspension of your driving privileges for a duration of 15 days.
  • Installation of Ignition Interlock Device: Upon the completion of the 15-day license revocation, agree to install the ignition interlock device for a period of 165 days.
  • Motion for Dismissal: After fulfilling all the program requirements and sentences, submit a motion to the court to dismiss your charges.
  • Affidavit Submission: Provide an affidavit confirming completion of the Lock Program and the Motor Vehicle requirements. Note that the prosecution may object based on the results of the alcohol test.

Expungement of DUI Charges in West Virginia

The expungement process for DUI charges in West Virginia involves the following steps:

One-Year Waiting Period: Once the charges are dismissed, wait for one year before initiating the expungement process. However, the prosecution has a one-month window to file an objection.

Expunction Order: The court will issue an expunction order to the county jurisdiction clerk to execute the necessary actions.

To ensure the success of the deferral program, it is crucial to adhere to the following conditions:

  • Compliance with Ignition Interlock Agreement: Do not violate the ignition interlock agreement within the 165-day period, as it may result in program cancellation and a conviction. Note that expungement applies to Hancock County criminal lawyer cases only and not the driving license.
  • Expunction After Dismissal: If previous felony charges are involved, the expunction occurs after the dismissal of the charges.

For more information on the process, we invite you to visit Mountaineer Criminal Law Group and consult our Hancock County DUI Lawyer, who can provide you with the necessary legal assistance to navigate through the proceedings.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

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Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

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