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DUI Deferral Program

Understanding the DUI Deferral Program in Monongalia County, WV

Frank Walker Law: Your Trusted Defense for DUI Charges 

A DUI charge in Monongalia County, WV, can lead to life-altering consequences, including fines, license suspension, and a criminal record. However, West Virginia law offers an opportunity for some first-time offenders to avoid the long-term impact of a DUI conviction through the DUI Deferral Program. 

At Frank Walker Law, we have the experience and knowledge to guide you through this program and help protect your future. Attorney Frank Walker is committed to ensuring that eligible individuals understand and take advantage of this opportunity when facing DUI charges in Monongalia County or other areas in West Virginia. 

What is The DUI Deferral Program? 

West Virginia’s DUI Deferral Program, established under West Virginia Code §17C-5-2b, allows first-time offenders charged with a DUI to have their charges dismissed and their records expunged upon successful completion of the program. This option is available only for specific non-aggravated DUI cases and requires strict compliance with program requirements. 

Eligibility for The DUI Deferral Program 

Not all individuals charged with a DUI are eligible for the deferral program. To qualify, you must meet the following criteria: 

  1. First-Time Offender 

  • You must not have any prior DUI convictions or deferred adjudications, whether in West Virginia or any other state. 

  1. Non-Aggravated DUI Charge 

  • Your blood alcohol concentration (BAC) must be below 0.15%. Aggravated DUI cases with higher BAC levels are not eligible. 

  1. Timely Action 

  • You must enroll in the DUI Deferral Program within 30 days of the date you are charged. Missing this deadline could disqualify you from participating. 

  1. Other Requirements 

  • You must not have caused an accident, injury, or property damage during the incident. 

  • You must hold a valid driver’s license at the time of the offense. 

How the DUI Deferral Program Works 

If you are accepted into the DUI Deferral Program, you must complete several steps to have your charges dismissed and your record expunged: 

  1. Enroll in the Program 

  • Work with your attorney to petition the court for acceptance into the DUI Deferral Program. This requires filing the necessary paperwork within the 30-day window. 

  1. Install an Ignition Interlock Device 

  • You must install an ignition interlock device (IID) on your vehicle and use it for the duration of the program. This device prevents the vehicle from starting if alcohol is detected in your system. 

  1. Complete an Alcohol Education Program 

  • You will be required to complete a state-approved alcohol education or treatment program as part of your deferral requirements. 

  1. Maintain a Clean Record 

  • You must avoid any new criminal charges or traffic violations during the deferral period. 

  1. Petition for Expungement 

  • Upon successful completion of the program, your DUI charge will be dismissed, and you may petition the court to have your arrest and charge expunged from your record. 

Benefits of The DUI Deferral Program 

Participating in the DUI Deferral Program offers several key benefits: 

  • Avoid a Criminal Record: A dismissed DUI charge and expunged record can prevent long-term consequences for employment, education, and housing. 

  • No Jail Time: Completion of the program allows you to avoid the penalties typically associated with a DUI conviction. 

  • Restored Driving Privileges: After fulfilling program requirements, you can regain full driving privileges. 

Restrictions of The DUI Deferral Program 

While the DUI Deferral Program provides a second chance, there are important restrictions to consider: 

  • One-Time Opportunity: The program is available only for first-time, non-aggravated DUI charges. Subsequent offenses or aggravated cases are not eligible. 

  • Cost: Participants are responsible for the costs of the ignition interlock device, alcohol education program, and any associated court fees. 

  • Strict Compliance: Failure to meet program requirements, such as missed deadlines or additional violations, can result in removal from the program and reinstatement of the original DUI charge. 

How Frank Walker Law Can Help 

The DUI Deferral Program offers a valuable opportunity to avoid the harsh penalties of a DUI conviction, but navigating the process requires legal expertise. At Frank Walker Law, we can help you: 

  • Evaluate Eligibility: Determine if you qualify for the program based on the specifics of your case. 

  • Meet Critical Deadlines: Ensure all necessary paperwork is filed within the 30-day window. 

  • Advocate for Acceptance: Present a compelling case to the court for your participation in the program. 

  • Guide You Through Requirements: Help you complete the program’s conditions and avoid common pitfalls. 

  • Petition for Expungement: Once the program is complete, we will handle the process of expunging your record. 

Protect Your Future with Frank Walker Law 

A DUI charge does not have to define your future. With the right legal representation, you can take advantage of the DUI Deferral Program and move forward with your life. At Frank Walker Law, we have extensive experience defending clients against DUI charges in Monongalia County and throughout West Virginia. 

If you or a loved one has been charged with DUI, contact us today for a confidential consultation. We will work tirelessly to protect your rights, guide you through the deferral process, and help you achieve the best possible outcome for your case. 

Frank Walker Law – Experienced. Aggressive. Dedicated to Your Defense.