How to Get Your DUI Charges Dismissed through the West Virginia DUI Deferral Program


If you’ve recently been arrested for allegedly driving under the influence of alcohol, your mind is probably racing as you worry about what the future holds. But did you know that first-time DUI offenders in West Virginia have the opportunity to get their charges dismissed? To do so requires participation in the state’s DUI deferral program.

Enacted in 2010, Senate Bill 186 – the West Virginia DUI Deferral Program – gives first offenders the opportunity to get their criminal charges dismissed and their arrest record expunged.

To qualify for the program, you must:

_ Have been charged with DUI for the first time

_ Have had a BAC under 0.15

_ Not have a prior DUI conviction from anywhere in the U.S.

_ Not hold a CDL

_ Have complied with breath testing when you were arrested

Expunging Your DUI Arrest

One year after your charges are dismissed, you’ll be eligible to request that your arrest record is cleared of the first-offense DUI arrest. Prosecutors have 30 days to object to your expunction motion and the court will hold another open hearing to consider your request. If approved, the arrest will be expunged from your record.

Are You Eligible for the DUI Deferral Program?

Want to find out if you are eligible for the DUI deferral program? Sutton & Janelle, PLLC is here to help. Our Berkeley County DUI lawyers can review your arrest and determine if you meet the program’s requirements.

Reach out to us today at (304) 867-0049.