It's important to note that this applies to any DUI charges, even if the first offense happened in another state.
Can you expunge a DUI in WV?
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.
Can you get a DUI expunged in West Virginia?
One year following the successful completion of the West Virginia Motor Vehicle Alcohol Test and Lock Program, the person can file a motion with the court to have the DUI expunged from his or her criminal record.
What happens if you get a DUI in WV?
According to West Virginia drunk driving laws, there is no minimum DUI jail sentence if the blood alcohol concentration (BAC) is less than . 15%; anything higher will result in a maximum of 6 months and a minimum of 48 hours in jail, 24 of which must be served. Fines are up to $500 for a BAC below .
How do I get my license back after a DUI in WV?
Any time your driver's license is revoked for a DUI offense, you must complete a prescribed DUI safety and treatment program before you will be able to reinstate your driver's license. Minimum revocation periods are based on participation in the WV Alcohol Test and Lock Program (Interlock).
How much does it cost to have a misdemeanor expunged?
Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)
How long does a misdemeanor stay on your record in WV?
A single misdemeanor, may be expunged upon the completion of any sentence of incarceration and any period of supervision. Multiple misdemeanors, may be expunged under this code section, one (1) year after the last conviction, completion of any sentence of incarceration or completion of any period of supervision.
Can you take DUI classes online in WV?
West Virginia prohibits online classes for DUI education and will not accept a certificate of completion from an online course. If you received a DUI in the State of West Virginia but live out of state, you may be able to take an online class to meet court requirements.
Is a DUI a felony in WV?
First and second DUI charges in West Virginia are considered misdemeanors, but your third offense is a felony . Penalties for a third DUI include a minimum of two years in prison to as much as five years behind bars.
How much does a DUI cost in WV?
Fines. A person who's convicted of a first DUI typically faces $100 to $500 in fines, plus court costs. If the driver's BAC was . 15% or greater, this fine increases to $200 to $1,000.
How much is it to reinstate your license in WV?
You pay any outstanding costs, fines, forfeitures, or penalties to the court and pay a $25 reinstatement fee to the Department of Motor Vehicles (DMV); or. You establish a payment plan, as described above, and pay a $25 administrative fee to the court in which the fines occurred.
Does West Virginia have a statute of limitations?
The statute of limitations is four years under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-5-101).
When can you buy alcohol on Sundays in WV?
Retail Liquor Outlets may sell from 8:00 am to 12:00 am from Monday thru Saturday, and 1:00 pm to 12: 00 am on Sunday . Private clubs may open an hour earlier. The new hours are 6:00 am to 3:00 am every day of the week.
Do I need a lawyer to expunge?
If your criminal record is eligible for expungement, you might not need to hire an attorney to complete the process . ... You usually will be required to pay a fee in order to file the expungement application with the court.
Do expunged records show up on background checks?
Expunged charges are erased from the record entirely, and sealed records still exist but are inaccessible to the public. Generally, sealed and expunged records will never appear on a background check .
How long does it take to expunge a record?
How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days , but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.
