Beginning at 12:01 a.m., June 10, 2016 a citizen arrested for DUI 1st offense in West Virginia, who “refuses” secondary chemical testing at the police station post arrest (i.e. refuses to blow into the breath machine) will no longer be rewarded with the option of entering into the West Virginia Deferral Program that can result in the citizen’s case being fully dismissed and the record of arrest fully expunged.
In 2010, the West Virginia legislature enacted WV Code 17C-5-2b, commonly referred to as “the deferral program.” The essence of this DUI legislation was to create a law whereby a citizen arrested in West Virginia for driving under the influence first offense, who submits to breath testing at the police station post arrest, with an alleged blood alcohol concentration (BAC) result of .149 or less, who has no prior DUI convictions or suspensions anywhere in the United States, can enter into the deferral program and eventually get his or her charge fully dismissed and their record of arrest subsequently expunged. READ MORE
