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DUI Attorney in Beckley
Advocating for Your Due Process Rights
Charges for driving under the influence (DUI) can lead to serious consequences that can impact the rest of your life. A conviction for DUI can result in heavy criminal fines and months or years of jail time. Given the significant ramifications of a DUI conviction, the law recognizes crucial legal protections for criminal defendants, to ensure their life or liberty is not deprived without a fair trial.
Although the criminal justice system is concerned with holding people responsible for their crimes, our society holds fairness of the process to establish a defendant’s guilt of paramount importance. Making sure criminal defendants have a fair trial is crucial to maintaining the integrity of our criminal justice system. At The Wagner Law Firm, our Beckley DUI attorney, Harley Wagner, is committed to protecting your due process rights during DUI proceedings.
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Where Your Beckley DUI Case Will Be Heard
If you’re arrested for DUI in Beckley or anywhere in Raleigh County, your case will most likely be heard at the Raleigh County Judicial Center, located at 222 Main Street, Beckley, WV 25801 — home to both Raleigh County Magistrate Court and Raleigh County Circuit Court. Magistrate Court handles misdemeanor DUI charges directly, covering the vast majority of first offense and second offense cases. If your case involves a felony-level charge, such as a third offense, or a DUI causing serious bodily injury or death, Magistrate Court will also conduct your preliminary hearing before the case moves to Circuit Court at the same address.
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.
Beckley & Raleigh County DUI Penalties
Under West Virginia law, a person who drives under the influence of alcohol or drugs is guilty of a crime with penalties that scale sharply based on your BAC and any prior record. For a standard first offense (BAC under 0.15%), you’re generally looking at a fine of $100 to $500, up to 6 months in jail with no mandatory minimum, and a 6-month license revocation. If you enroll in the Motor Vehicle Alcohol and Drug Test and Lock Program, that hard revocation can be reduced to just 15 days — but it’s followed by a required 125-day period of ignition interlock device use, for a combined total of about 140 days on the program.
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 — or 45 days followed by 270 days of required interlock use (about 315 days total) if you enroll in the program. A third DUI within 10 years is a felony in West Virginia, carrying far more serious penalties, including years in prison and a lengthy or lifetime license revocation.
At The Wagner Law Firm, our legal team will thoroughly investigate your case and determine the most appropriate legal strategy to protect your legal rights and promote your interests.
Beckley’s Coal Country DUI Enforcement
Raleigh County’s economy has deep roots in coal mining and industrial work, and that shapes DUI enforcement patterns in the area — shift work schedules, long commutes on mountain highways like Route 19 and I-64/I-77, and commercial or company vehicle use all come up regularly in local cases. If your job involves a commercial driver’s license, mining certifications, or other professional credentials, the stakes of a conviction go well beyond the courtroom, and it’s worth discussing those specific risks with an attorney early on.
You can count on our legal team to deliver quality legal representation for the following DUI matters:
Consult a Beckley DUI Lawyer from The Wagner Law Firm
Everyone makes mistakes—whether it involves the mistaken decision to drive after drinking, or the police’s mistakes in investigating a DUI case. In either case, your life should not be defined by those mistakes. If you’ve been charged with a DUI, it is in your best interest to reach out to a professional DUI attorney in Beckley for legal advice. At The Wagner Law Firm, we will zealously advocate for you and your rights to make sure your constitutional rights are protected.
Contact The Wagner Law Firm at (304) 461-6000 or visit us online to schedule a free consultation about your case today.
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 .