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.
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. - WestVirginiaDUILawyers.com
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