DUI Deferral Program

The West Virginia Law came into effect in 2010 along with the Senate Bill 186 which is also called The DUI Deferral Program in WV. According to this program, a first-time DUI crime by an individual may have the charges acquitted in the criminal court and wipe out the records of arrests. However, the BAC needs to be less than .15%.

In this case of such a scenario, you must keep in mind that for repeated DUI offenses in any location of the USA, the deferral program and the guilty plea can be used against you for serious penalties related to the second offense. Unfortunately, if you plead guilty during the program, the charges will stay.

Often, similar situations appear confusing and you might feel apprehensive about the impact of the charges. That is when you will need help from a Martinsburg DUI lawyer for which you need to come to Mountaineer Criminal Law Group. Our team of DUI lawyers will ensure that you get a positive outcome for the case.

What do you need to become eligible West Virginia DUI Deferral Program

According to the DUI Code 17C-5-2 in West Virginia, the eligibility for DUI Deferral Program is as follows:

  • The citizen needs to drive in an intoxicated condition or driving under the influence when driving for the first time
  • The alleged blood alcohol concentration level must be under .15%
  • The individual must have a clear record and no previous records of conviction in DUI cases in the state or any other location in the United States.
  • The individual must never have had their license suspended in DUI charges
  • The individual must not hold a CDL or a commercial driving license
  • The individual must never have any charges in DUI case sections or was involved in drug DUI, driving with a minor in the car, or sustaining injuries in a DUI case.

Steps to follow when requesting for DUI Deferral Program

Here’s the step-by-step guide to getting admission into the DUI Deferral Program in WV

  • You must inform the court within a month of your arrest that you are keen to get admission to the WV DUI Deferral Program.
  • Avoid entering a guilty plea with conditions or a sign from the court and facing a conviction
  • You must complete the conditional dismissal period or the casual probation period until you become part of the program successfully.
  • You must give consent to the suspension of driving privileges for 15 days
  • Once you complete license revocation for 15 days, agree to install the ignition interlock device for 165 days.
  • After the completion of the sentences, you can motion the court for dismissing your charges.
  • Give an affidavit that you are done with the Lock Program and the Motor Vehicle. The alcohol test may give authority to the prosecution to which they might object later.  

Expungement of DUI in West Virginia

When you complete one year after the dismissal of the charges, you need to get the records expunged by the court but the prosecution may get another month to file an objection to this motion.

The court will put forth the expunction order county jurisdiction clerk to execute the order.

To make the deferral successful, you must follow these conditions:

  • You are not allowed to violate the agreement stating the ignition interlock agreement in 165 days as it will cancel the program and make you a convict. The expunging applies to criminal cases only and not the driving license.
  • With previous felony charges, the expunction takes place after the dismissal of charges.

If you want to know more about the process, come to Mountaineer Criminal Law Group and consult our Martinsburg DUI Lawyer to get the necessary legal assistance.

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