DUI Deferral Program

In Pennsylvania, a law came into effect in 2010, establishing what is commonly known as the DUI Deferral Program. This program allows individuals facing their first DUI offense to potentially have their charges dismissed in criminal court and their arrest records cleared. However, to qualify, the defendant’s Blood Alcohol Concentration (BAC) must be below .15%.

It’s crucial to understand that if you face another DUI offense anywhere in the United States, this prior deferred charge and guilty plea can be used to impose more severe penalties for the subsequent offense. Should you plead guilty as part of the deferral program, the charge will remain on your record, even if it is later dismissed.

These situations can be confusing, and you might feel anxious about the potential consequences of the charges. This is precisely when you need the guidance of a qualified legal professional. At Mountaineer Criminal Law Group, our team of expert Waynesburg criminal lawyers is ready to provide the assistance you need for a positive outcome.

What do you need to become eligible for the Pennsylvania DUI Deferral Program?

As outlined in the Pennsylvania DUI Code, the eligibility criteria for the DUI Deferral Program are specific. To qualify, you must meet the following conditions:

• The charge must be for driving under the influence for the very first time.
• Your alleged Blood Alcohol Concentration (BAC) must be less than .15%.
• You must have a clean criminal record with no prior DUI convictions in Pennsylvania or any other state.
• Your driver’s license must never have been suspended for DUI-related charges previously.
• You must not hold a Commercial Driver’s License (CDL).
• You must not be facing charges related to a drug-related DUI, driving with a minor in the vehicle, or causing injuries in a DUI incident.

Navigating these requirements can be complex, and a skilled Waynesburg criminal lawyer can help determine your eligibility.

Steps to follow when requesting the DUI Deferral Program

Here is a step-by-step guide to applying for the DUI Deferral Program in Pennsylvania:

1. Within one month of your arrest, you must inform the court of your intention to apply for the PA DUI Deferral Program.
2. Avoid entering a conditional guilty plea or accepting a conviction from the court.
3. You must complete a conditional dismissal period, which is similar to informal probation, before being successfully admitted into the program.
4. You must consent to a 15-day suspension of your driving privileges.
5. After the 15-day license revocation is complete, you must agree to install an ignition interlock device in your vehicle for 165 days.
6. Upon completion of these requirements, you can file a motion with the court to have your charges dismissed.
7. Provide an affidavit confirming you have completed the Ignition Interlock Program. The prosecution may object to this, and an alcohol test might be required.

Expungement of DUI in Pennsylvania

One year after the dismissal of your charges, you can petition the court to have the records of the arrest expunged. The prosecution will have one month to file an objection to this motion. A proficient Waynesburg DUI attorney can guide you through this critical final step.

The court will then issue an expungement order to the Greene County jurisdiction clerk for execution.

To ensure the deferral is successful, you must adhere to these conditions:

• You must not violate the ignition interlock agreement during the 165-day period. Any violation will result in the cancellation of the program and a conviction. The expungement process applies only to the criminal case, not your driving license record.
• If you have previous felony charges, expungement can only occur after the charges are dismissed.

If you wish to learn more (304) 381-3656 about this process, please contact Mountaineer Criminal Law Group to consult with our Waynesburg criminal lawyer for the necessary assistance.