Arrested for DUI in West Virginia?

WV DUI lawyer Harley Wagner will help save your driver’s license and defend you in court.

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WV DUI Lawyer Harley Wagner


Need a WV DUI Lawyer? Top Criminal Attorneys Martinsburg WV

Statewide West Virginia DUI Lawyer Harley Wagner Is One of the Top Criminal Law Attorneys in Martinsburg WV

The Wagner Law Firm aggressively defends clients accused of West Virginia DUI offenses throughout the state, including in our main office location, Martinsburg WV. Our lawyers in Charles Town WV also cover first offense and felony drunk driving cases in the WV capitol city of Charleston WV, and in the sports capitol of our state, Morgantown WV. The Wagner Law Firm is high on the list of attorneys in Morgantown WV, especially if your college student gets arrested for underage DUI or underage possession. Harley works with lots of WVU families whose child needs help with a pending case.

Because our state is made up of small communities scattered across mountainous terrain, West Virginia DUI lawyer Harley Wagner gladly travels to these other important WV towns to handle your pending case:


  • Charles Town DUI
  • Huntington DUI
  • Parkersburg DUI
  • Wheeling DUI
  • Weirton DUI
  • South Charleston DUI
  • Philippi DUI
  • Ranson DUI
  • Oak Hill DUI
  • Fairmont DUI
  • Granville DUI
  • Beckley DUI
  • Clarksburg DUI
  • Charleston DUI

From Berkeley County to Cabell County, and all parts in between, WV DUI lawyer Harley Wagner will be with you in your local courtroom to fight the prosecutor’s efforts to convict you.

I was charged with a DUI. Harley completed a thorough investigation into the arresting officers, the equipment used, and the procedures followed. When it came time for the first court date within 10 minutes the DUI charge was dropped. There is no better attorney in West Virginia for DUI law.

Mr. Wagner frequently travels to these WV counties to defend clients against DUI charges:

  • Berkeley County
  • Cabell County
  • Hampshire County
  • Hancock County
  • Hardy County
  • Harrison County
  • Jefferson County
  • Kanawha County
  • Marion County
  • Mercer County
  • Mineral County
  • Monongalia County (WVU)
  • Morgan County
  • Ohio County
  • Raleigh County

Local DUI attorney Harley Wagner treats every one of his clients with the utmost respect, and he:

  • Has represented over 2,000 relieved clients
  • Has specialized in DUI defense for over 18 years
  • Has been named a WV Super Lawyer 5 years in a row
  • Wrote the book West Virginia DUI Defense – The Law and Practice
  • Has attended more than 60 DUI defense training seminars nationwide

Criminal Law Attorney Harley Wagner Will Come to Your DUI Arraignment

Since an arrest for DUI in West Virginia stays in the county where the citizen was arrested, we know that people arrested for DUI or aggravated DUI in WV will look for the best DUI lawyer in that WV criminal court location.

The Wagner Law Firm helped me from beginning to end through a difficult process. They were able to walk me through every step and handle all aspects of my case. Harley went above and beyond on all situations that came up while the case was open. He was able to get my DUI fully dismissed and clear my criminal record. He was able to help me through all tasks related to the case including the ignition interlock system, DUI classes, and much more…

Part of the commitment to his clients, in his statewide DUI defense law firm, is that Harley travels to all corners of West Virginia for his many clients. Harley Wagner is your local DUI attorney no matter where you are. You can search for “DUI lawyers near me” and see The Wagner Law Firm come up at or near the top of your Google search results.

WV DUI Defense Lawyer Born And Raised in Martinsburg, West Virginia

If you conduct an internet search for criminal attorneys Martinsburg WV, most of the WV criminal defense lawyers in our corner of the state do not specialize in DUI defense. Martinsburg native Harley O. Wagner, after being a prosecuting attorney in Clarksburg in the 1990s, learned that every person facing DUI has a great deal at stake in avoiding the harsh consequences of a DUI conviction.

Plus, in prosecuting cases, he learned that this criminal law specialty was one of the more complex areas that a criminal justice attorney can undertake representing accused WV DUI clients.

Harley Wagner and his DUI law firm dedicate 100% of their firm’s legal practice to providing relentless DUI defense legal services to those in need of saving their job, protecting their right to drive, and (to the extent possible) keeping a clean criminal history following their arrest.

West Virginia DUI Attorney Harley Wagner is Nationally Known

West Virginia criminal attorney Harley Wagner is nationally known as one of top DUI lawyers in West Virginia, especially in the field of drunk driving defense. Even among local criminal lawyers in Martinsburg WV, Mr. Wagner is the top local legal expert on WV DUI laws. Several of these criminal defense lawyers in West Virginia have Mr. Wagner’s book on their bookshelves, as a legal reference on both WV DUI law, and the science of defending drunk driving cases.

Because much more than merely “showing up in court” is involved in DUI defense, Mr. Wagner is also an expert in WV DMV issues, including WV DUI laws, handling DUI license suspension problems, getting expungement on West Virginia DUI cases processed under the deferral program, and fighting the West Virginia DMV.

By treating our clients who face DUI charges like family, The Wagner Law Firm builds close, personalized connections with the citizens who have entrusted our criminal defense attorneys to find a great outcome for their particular DUI case. We tell potential clients with a DUI in West Virginia who are searching for lawyers in Martinsburg WV (or any other city in the Mountaineer State) to compare the awards, credentials, and attorney ratings of The Wagner Law Firm against any other DUI law firm within a 100-mile radius.

Thousands of Drunk Driving Cases Successfully Defended In All West Virginia Counties

Jefferson County WV Courthouse - WV DUI Lawyer

As mentioned above, the court location or “venue” for all DUI West Virginia arrests will be in the county where the DUI arrest took place. So, whether the arrest in WV was made and booked in Kanawha County, Monongalia County, Wood County, Jefferson County, Mercer County, Harrison County, Ohio County, Raleigh County, Hancock County, or Berkeley County, we cover West Virginia like a glove.

This means that West Virginia attorneys like Harley Wagner will process your criminal court case by a negotiated plea (e.g., DUI reduced to reckless driving), or by a trial, or by winning a motion to suppress in that same criminal court.

Harley Wagner has defended nearly TWO THOUSAND West Virginia DUI cases in his legal career, all with the stated goal of obtaining the very best outcome possible for each client facing misdemeanor DUI in West Virginia, aggravated DUI WV, or West Virginia felony DUI charges.

Is a DUI a Felony in West Virginia? Am I Facing a DUI Felony or Misdemeanor DUI?

One of the questions often asked by new clients when they call our office is “Is DUI a felony?” After being cuffed and arrested, many WV DUI clients FEEL like they “must” be accused of a felony DUI. The shock of being arrested and handcuffed makes them feel like they have no hope, and some feel like they “MUST be guilty.” Some have little hope for a great outcome in their case. But for most people, Harley Wagner can find a solution that protects his clients from the harsher DUI penalties in a West Virginia DUI criminal case.

In reality, for well over 90% of all West Virginia DUI arrests, the detained citizen is only facing a DUI misdemeanor, especially for a first offense DUI. Regardless of the degree of your criminal charges, whether DUI felony or the more likely misdemeanor DUI in WV, you have come to the right place.

The Wagner Law Firm handle every type of DUI case that exists. From DUI first offense misdemeanor cases to more serious felony DUI homicide cases, the Wagner Law Firm is equipped and staffed to defend you effectively in court. Among all West Virginia DUI attorneys, WV DUI law expert Harley Wagner retains an unmatched level of advanced DUI law and forensic science training (i.e., breathalyzer training, standardized field sobriety test training, blood test training, the legality of a DUI arrest, DUI checkpoints in WV, etc.).

With this advanced criminal defense knowledge, trial experience, and proven effectiveness in handling the DUI court process that is second to none among West Virginia attorneys, Harley Wagner has made a name for himself for dedication to his profession as a criminal defense attorney. He has defended over 1,800 WV DUI cases in 40 different West Virginia counties, before hundreds of different criminal court judges from the municipal court level (non-jury, entry level court) through the West Virginia Supreme Court of Appeals.

Select a Local DUI Attorney Who Is Focused on One Practice Area: Drunk Driving Defense

One important distinction between our criminal justice attorney law firm and other WV DUI lawyers is our complete dedication to the aggressive defense of driving under the influence cases. Because the nuances and unusual laws (like implied consent laws in WV) are unique to drunk driving and drugged driving cases, keeping up with the latest techniques for winning is exhausting.

Many drunk driving lawyers in WV also handle a variety of other types of criminal law and civil law cases, but Harley Wagner singularly specializes in the handling of DUI cases only. To use an analogy, Harley Wagner is like the placekicker on the West Virginia Mountaineers football team, whose job is to make a 52-yard field goal, if that is what is needed to win the game.

Like the other football players, Mr. Wagner is a criminal defense lawyer in West Virginia, but within that “team,” Harley is on Special Teams, as the placekicker for extra points and field goal attempts. That is how a DUI lawyer is perceived by judges in WV, and by other criminal justice attorneys who handle other types of criminal cases like larceny, domestic abuse, or sex offenses.

The entire focus of the Wagner Law Firm is to vigorously defend our clients charged with DUI based on a thorough understanding and application of current WV DUI law, and how to deal with the Department of Motor Vehicles WV driver’s license issues. Harley Wagner also takes every opportunity to extend his education, knowledge, and experience in the subject of WV DUI law by undergoing top-level training in the fields of criminal defense, criminal trial practice, and DUI license suspension litigation.

Getting a DUI in West Virginia Is Like Legal Cancer – You Need the Best DUI Attorney to Try to Beat It

WV DUI lawyer Harley O. Wagner is ready to provide the DUI help you NEED. If you are seeking the absolute best outcome after your arrest for a West Virginia DUI (misdemeanor or felony), then you must trust your DUI defense to an expert WV DUI attorney to manage your DUI case.

Using a medical analogy, if you or one of your beloved family members was facing a diagnosis of cancer growing in a vital organ, would you seek the closest surgeon, the cheapest surgeon, or whoever your health insurance provider suggested? NO. You would seek out the best cancer doctor available. In the field of WV DUI defense, the best choice is Harley Wagner.

Call (304) 901-7400 today to receive a FREE, professional DUI consultation.

55 Meridian Pkwy #102, Martinsburg, WV 25404

You may want to purchase a copy of “West Virginia DUI Defense: The Law and Practice”, written by DUI defense lawyer Harley O. Wagner and Arizona DUI lawyer James Nesci. Ask Mr. Wagner about this book during your FREE consultation.

West Virginia DUI Lawyers Harley Wagner and James Nesci


West Virginia DUI Lawyer Harley O. Wagner –

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