DUI Deferral Program in West Virginia
The West Virginia Law was enacted in 2010 with the Senate Bill 186 “The West Virginia DUI Deferral Program.” This provision allows the first-time DUI offender to get the charges of DUI dismissed by the criminal law court and eventually the arrest record expunged. For this, the alleged BAC has to be less than .15%.
In this respect, one needs to remember that for the subsequent DUI arrest in any place in the USA, the deferral program guilty plea will be used to charge you for enhanced penalties for the second offense. The judges, prosecutors and even police might mislead you that the charges will go away. But it does not when you are pleading guilty by getting into the DUI Deferral Program.
Things like this might be quite confusing for you and that is why you need the assistance of an experienced Morgantown DUI lawyer. Hence you need to come to Mountaineer Criminal Law Group. Our West Virginia DUI Lawyer will ensure that you get the best outcome from your case.Eligibility for West Virginia DUI Deferral Program
In West Virginia DUI Code 17C-5-2, the eligibility requirements of DUI Deferral Programs have been set forth.
- The citizen must be driving intoxicated or under the influence for the first time when driving
- The alleged BAC has to be under .15%
- The person must not have any prior DUI conviction in the state or anywhere in the US
- The person may not have any prior case of license suspension due to DUI charges
- The person should not hold CDL or commercial driving license
- The person should not be charged with any other section of DUI, involving DUI for drugs, DUI with minor in the car or DUI injury.
Getting admission to the DUI Deferral Program in West Virginia has a process. Here’s the step by step guide:
- You need to notify the court within 30 days of your arrest that you want to be admitted to WV DUI Deferral Program.
- Enter a conditional guilty plea without getting the court sign and convict you
- You need to complete the period of conditional dismissal or informal probation until you successfully enter the Deferral Program
- You have to agree to a suspension of driving privileges for 15 days
- After the 15 days revocation of the license, you have to agree to 165 days of installation of the ignition interlock device
- After the 15 days of license suspension, 165 days of ignition interlock device and completion of the DUI Deferral program, you can motion the court for dismissal of your charges.
- Provide an affidavit that will certify that you have completed Motor Vehicle Alcohol Test and Lock Program
- Serve the prosecution authority with a copy of the notion. The prosecution might raise an objection in 30 days after this
Once you complete one year since the dismissal of your charges, you need to file a motion to get the case and the arrest records expunged by the court. The prosecution will again get 30 days of time to object to this motion.
The court will forward the order of expunction to the clerk of the county jurisdiction. The record of arrest and fingerprint card destruction will be formally expunged from the record.
For a successful deferral, you have to maintain the following conditions:
- You must not commit any violation of the ignition interlock agreement in 165 days. In the case of violation, you will get notified by WV DMV and will have to appear for a hearing from the court.
- If the violation occurs, the Deferral Program will be canceled and you have to be convicted for the first offense that will remain in the record.
- While the deferral program is pending, you must not violate the article.
- The expunging will only apply in the case of a criminal record, not for the licensee’s driving record.
- If you have any prior felony charges, then the expunction will happen till the dismissal of the criminal charges.
To understand the process better and to know what you are not supposed to do, you need to get in touch with West Virginia DUI Lawyer. At Mountaineer Criminal Law Group, you get to have a consultation with an experienced Morgantown DUI lawyer. For getting admitted to the program or any legal assistance, give us a call today.