One year from that date, assuming no further arrests for DUI, the citizen then moves to have the record of her arrest expunged with fingerprint cards destroyed.
In essence, restoring the citizen to the status she held the day prior to her arrest. To The Wagner Law Firm, this was a slam dunk equal protection appeal scenario.
So, we embarked on the appeal road to right this ship for our out of state licensee clients. Federal Judge for Nothern District of WV granted our appeal in very clear and concise language encompassing of equal protection. Procedurally it all works the exact same, with the lone difference being the home state Life Safer Interlock provider installs and monitors all as opposed to the WV branch of Life Safer Interlock.
Noting that Life Safer is the national Interlock company that is lcoated throughout all 50 U. While the penalties for a first-offense DUI in West Virginia may not be the toughest in the country, there are still court costs, a four-month ignition interlock requirement and a criminal record to consider. All it takes is a commitment to staying sober behind the wheel and an ignition interlock to make that West Virginia DUI virtually disappear. The editorial staff is a group of writers and contributors with wide-ranging areas of expertise.
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Accomplished Criminal Lawyer. Practice Areas. The citizen must be driving intoxicated or under the influence for the first time when driving The alleged BAC has to be under. Enter a conditional guilty plea without getting the court sign and convict you You need to complete the period of conditional dismissal or informal probation until you successfully enter the Deferral Program You have to agree to a suspension of driving privileges for 15 days After the 15 days revocation of the license, you have to agree to days of installation of the ignition interlock device After the 15 days of license suspension, days of ignition interlock device and completion of the DUI Deferral program, you can motion the court for dismissal of your charges.
Provide an affidavit that will certify that you have completed Motor Vehicle Alcohol Test and Lock Program Serve the prosecution authority with a copy of the notion. The prosecution might raise an objection in 30 days after this West Virginia DUI Expungment Once you complete one year since the dismissal of your charges, you need to file a motion to get the case and the arrest records expunged by the court.
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