Drivers Who Refuse Secondary Test Are No Longer Eligible for Deferral

On June 10, 2016, a new aspect of the DUI Deferral Program will go into effect. Previously, any individual who refused the secondary chemical test was still eligible to participate in the Deferral Program. This was changed during the 2016 legislative session. Specifically, W. Va. Code § 17C-5-2b was amended to exclude individuals who refuse the secondary chemical test from eligibility under the Deferral statute.

Going forward, citizens who refuse the secondary chemical test, such as the intoximeter, will not be eligible to have the criminal charge dismissed and expunged under the Deferral statute.

Administratively, a first refusal to submit to a secondary chemical test results in your license being revoked for one year or 45 days plus one year participation in the Motor Vehicle Alcohol Test and Lock Program.