Can someone who is under 21 and arrested for 1st offense DUI participate in the Defferal Program?

Asked almost 2 years ago - White Sulphur Springs, WV

A young man was arrested for DUI 1st offense. He is under 21 and having this on his record could jeopardize his career. He has been going to school for a few years and this could prevent him from being able to use his training.

Attorney answers (2)

  1. Harley O. Wagner


    Contributor Level 10


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Yes, the young man can request entry into the 17C-5-2b deferral program if his alleged BAC is between .08 and .149, even if under the age of 21. A refusal of the breath machine would also be permitted entry even if under 21. ...IF the alleged BAC was less than .08, and under age 21, we have a separate section in DUI statute that deals with that also permits eventual dismissal and expunction of record. It is found in 17C-5-2(i) of the WV Code. So, request entry into program and go from there timeline/to-do wise as guided by the Court and your attorney. Sincerely, Harley O. Wagner, Esq. -

  2. John Paul Thygerson


    Contributor Level 17


    Lawyer agrees

    Answered . Yes he can.

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