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Martinsburg DUI Attorney
Preserving Your Legal Rights and Interests
Drinking and driving is a dangerous act with potentially fatal consequences. For the most part, the dangers of drinking and driving are common sense. However, because alcohol overrides a person’s judgment, many who ordinarily possess sound judgment can end up facing charges for committing the crime of driving under the influence (DUI). DUI charges can be very severe, punishable by hefty legal fines, temporary loss of your driver’s license, and even extensive jail time. Because the stakes are so high in a DUI case, the law recognizes that you are entitled to certain procedural protections as a criminal defendant.
Helping You Defend Your Future
Do You Need Legal Help?
Don’t let an uncharacteristic mistake define the rest of your life.
If you’ve been confronted with criminal charges for a DUI, one of your first calls should be to an experienced DUI lawyer in Martinsburg. At The Wagner Law Firm, our legal team has the experience and thorough knowledge of West Virginia state law to help make sure your due process rights are not infringed during your DUI proceedings. As Martinsburg is our home market, we have more than two decades of legal experience helping people right here in Berkeley County defend against DUI charges.
Where Your Martinsburg DUI Case Will Be Heard
If you’re arrested for DUI in Martinsburg, your case may be handled in one of two places, depending on how the charge is filed. If you’re cited under a Martinsburg city ordinance, your case will be heard at the Martinsburg Municipal Court, located at 125 W. Race Street, Martinsburg, WV 25401 — court sessions are held every Wednesday and every third Tuesday of the month. If you’re charged under state law, your case will instead go to Berkeley County Magistrate Court at the Berkeley County Judicial Center, 380 West South Street, Martinsburg, WV 25401, which also houses Berkeley County Circuit Court for felony-level cases such as a third offense or a DUI causing serious bodily injury or death.
Since West Virginia consolidated its DUI court process in 2020, there is no longer a separate administrative hearing system for a standard DUI license suspension — the same court that handles your criminal case also determines the driver’s license consequences of a conviction. The one hearing that remains separate is a refusal hearing: if you’re accused of refusing the breath or blood test after a lawful arrest, you have 30 days from your arraignment to request that hearing.
Experienced Counsel for DUI Matters in Martinsburg
The dangers inherent in drinking and driving are reflected in the penalties for a DUI conviction. For a standard first offense (BAC under 0.15%), you’re generally looking at a fine of $100 to $500, up to six months in jail with no mandatory minimum, and a six-month license revocation — or, if you enroll in the Motor Vehicle Alcohol and Drug Test and Lock Program, a 15-day hard revocation followed by a required 125-day period of ignition interlock use (about 140 days total). If your BAC was 0.15% or higher, the offense is considered aggravated: the fine increases to $200–$1,000, jail time carries a mandatory minimum of 48 hours, and the license revocation without the interlock program doubles to one year. A third DUI within 10 years is a felony in West Virginia, carrying far more serious penalties, including years in prison and lifetime license revocation.
Given the ramifications of a DUI conviction, it is important that the proceedings leading up to — and including — trial are consistent with the due process protections the West Virginia and United States constitutions afford criminal defendants.
At The Wagner Law Firm, we have experience working with the following legal matters:
The Wagner Law Firm Has Your Back
In many cases, a DUI case involves an ordinary person who made a bad call. Other DUI cases involve people who suffer from alcoholism — an extremely destructive disease that can take over a person’s life. At The Wagner Law Firm, it is our job to make sure your side of the story is given proper consideration by the judge, jury, and prosecution. As Martinsburg natives ourselves, you can count on our team to deliver experienced legal advice and zealous advocacy to help ensure you get a fair trial for your DUI case.
Arrested for a DUI in Martinsburg? Contact The Wagner Law Firm at (304) 461-6000 to schedule a free case evaluation.
Why Trust Harley Wagner?
Over 24 Years of Experience
More Than 3,000 DUI Cases Handled
Performed 800 Hours of DUI Defense Training
Award Winning Representation
Faculty Member at DUI Defense Lawyers Association
Author of West Virginia's Preeminent DUI Book
Harley Wagner
Award-Winning DUI Attorney Harley is the owner of The Wagner Law Firm, West Virginia’s only exclusive DUI defense law firm. Harley is a graduate of his beloved alma mater, West Virginia University, where he received a Bachelor of Science in journalism in 1990. He attended law school in Lansing, Michigan where he graduated from the Thomas M. Cooley School of Law in 1995. Criminal law and being a criminal defense attorney was Harley’s singular focus during and after law school. In furtherance of .