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What Happens If a Non-Resident Is Convicted of DUI in West Virginia?

In most DUI cases, a DUI education course will be required of offenders. The West Virginia requirement still stands for drivers outside of the state, who may be allowed to complete a course within their state of residency. In this blog, I discuss the DUI education course for out-of-state drivers and what documentation they will need to provide to verify their completion of the course.

Out-of-State DUI Course

West Virginia requires that individuals convicted of driving under the influence complete a substance abuse evaluation and 18 hours of DUI education. If a person is not a resident of West Virginia but was charged with operating a motor vehicle while intoxicated in the state, they may complete their DUI education course and evaluation outside of West Virginia in the state of their residence.

Note that in order for a person’s out-of-state coursework to be accepted and approved by the Safety and Treatment Program, they must provide their Out-Of-State Education and Treatment Verification Form along with:

  • a certificate of completion from the educational course that includes the number of hours completed, with a minimum of 12 hours;
  • a copy of the completed substance abuse evaluation that must clearly state the date of the evaluation, the evaluator's recommendation, the name of the evaluator, and the agency's name and location/telephone number, as well as documentation to show that the recommended treatment was successfully completed;
  • a notarized Residency Statement to provide proof of residency in a state other than West Virginia, as well as any other documentation of residence in the state, such as a bank statement, bill, mail, pay stub, etc.

Be aware that if the treatment assessment indicates a need for further treatment than their own state requires, the individual must complete the recommended treatment to fulfill the West Virginia requirements.

To submit the documentation, you may fax to 1-304-558-3275, scan and email to wvdui@wv.gov, or mail to:

West Virginia DMV
Safety & Treatment Program
P.O. Box 17070
Charleston, WV 25317

There is a $125.00 administrative fee for submitting an education from outside West Virginia that can be paid via cashier's check, money order, or personal check. All funds should be payable to WV DMV and should include the individual’s name and DUI File number on the payment to apply the payment to the individual’s account.

Non-Residents and the Deferral Program

Recall that West Virginia implements a “Deferral Program” that grants citizens charged with first-offense DUI with an alleged BAC of less than 0.15 the opportunity to have their charges dismissed in the criminal court and their record of arrest eventually expunged. Those who hold an out-of-state driver’s license are treated the exact same way as in-state drivers on the administrative side of a DUI arrest, with the exact same procedures and reinstatement requirements for the program.

More specifically, the process of the Deferral Program requires a citizen to enter a conditional guilty plea to the DUI charge in the magistrate county court of arrest, which holds the conditional guilty plea without entering while the citizen then concedes the pending WV license administrative hearing, agreeing voluntarily to 15 days no driving whatsoever, followed by 165 days of Ignition Interlock Device installation. Upon successful completion, the citizen then returns to the criminal court whereupon the court dismisses the DUI charge against them, and one year from that date, assuming no further arrests for DUI, the citizen moves to have the record of arrest expunged with fingerprint cards destroyed, restoring the, to the status they held prior to arrest.

Be aware, though, that for a subsequent DUI arrest anywhere in the country, the Deferral Program’s guilty plea can be used to charge an individual with an enhanced second-offense charge both criminally and administratively.

Let a Reputable DUI Lawyer Fight for You

If you hold a driver’s license from a state outside of West Virginia, you are generally entitled to the same procedure for resolving the DUI as an in-state driver. There are small differences, though, particularly in regards to taking a DUI education course in your state and providing additional documentation for proof of completion, such as a residency statement. The Wagner Law Firm has represented many DUI defendants throughout the state, as well as championed DUI defense rights for out-of-state drivers. Let my firm fight for your DUI case today.

Contact me at The Wagner Law Firm for a free case evaluation today.

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