West Virginia Request for Deferral of DUI Conviction

State:
West Virginia
Control #:
WV-SKU-0466
Format:
PDF
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Description West Virginia Dui

Request for Deferral of DUI Conviction

The West Virginia Request for Deferral of DUI Conviction is a legal filing that allows a DUI offender to receive a deferred sentence, which could be a probationary period or community service. If the offender completes the terms of the deferral, the DUI conviction is dismissed. There are two types of West Virginia Request for Deferral of DUI Conviction: First Offender Deferral and Multiple Offender Deferral. The First Offender Deferral is for first-time DUI offenders and includes a probationary period of up to one year and a community service requirement of up to 150 hours. The Multiple Offender Deferral is for repeat DUI offenders and includes a probationary period of up to two years and a community service requirement of up to 300 hours. Both types of Deferral require the offender to pay any court-ordered fines and meet other conditions of the deferral, such as attending alcohol or drug treatment programs or submitting to random drug tests.

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FAQ

In West Virginia, a DUI affects your car insurance rates for 10 years because of the look-back period.

Driving under the influence of alcohol or a controlled substance or refusing a blood alcohol content (BAC) test NOTE: While a DUI cannot be expunged, if the DUI conviction is at least five years old, you can still seek to expunge other eligible felony convictions, just not the DUI.

In most cases, a DUI will stay on your driving record in West Virginia forever. However, West Virginia has a rule known as the ?washout period,? which means if your first DUI is over 10 years old, it won't count toward the penalty if you commit a second DUI later.

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. ing 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.

How long does a DUI stay on your driving record? StateOn record forPoint lengthWashington15 yearsN/AWest Virginia10 years2 yearsWisconsin10 years5 yearsWyoming10 yearsN/A46 more rows ?

The Safety and Treatment Program requires revoked DUI offenders participate in DUI education and treatment prior to license reinstatement. All DUI offenders must complete an educational component and a substance abuse evaluation/?assessment in order to have their license reinstated.

Criminal Record A DUI is a Class 1 Misdemeanor in Virginia. Unfortunately for anyone convicted of a DUI in Virginia, that criminal conviction will remain on their criminal record forever. There is no time limit for when a DUI conviction will drop off or when a driver convicted can have their DUI expunged.

How long does a DUI stay on your driving record? StateOn record forPoint lengthWashington15 yearsN/AWest Virginia10 years2 yearsWisconsin10 years5 yearsWyoming10 yearsN/A46 more rows ?

More info

Deferred prosecution is a demanding program requiring absolute abstinence from alcohol and non-prescribed drugs and adherence to the program requirements. To be eligible for a deferred sentence, most courts will require that the person have never had a previous deferred sentence or previous criminal convictions.You face no criminal conviction, if you can successfully complete the deferral. If you are accepted into and complete a Deferred Prosecution program, you will not be convicted of the offense(s) with which you are currently charged. Deferred Disposition is an option that will keep your citation from being reported as a conviction on your driving record. You will need access to a computer and email to complete this process. You may not have an extension of time. A deferred adjudication or deferred sentence typically does not begin until after a defendant has pleaded guilty or nolo contendere to their DUI. They can also be sealed. If the diversion program is not completed, the criminal case is reinstated.

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West Virginia Request for Deferral of DUI Conviction