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DUI Blog

Explore our DUI blog posts relating to a variety of DUI topics to help you better understand your charges.

Common Mistakes Made by Law Enforcement in a DUI Case

Common Mistakes Made by Law Enforcement in a DUI Case

Despite certain procedures police officers must follow during a DUI investigation, they often still make mistakes. These protocols are designed to protect the rights of individuals who have been stopped, provide transparency throughout the traffic stop, and lawfully collect evidence. If law enforcement officials intentionally or unintentionally break these rules, any evidence gathered during the DUI investigation […]

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How to Avoid a DUI on the Fourth of July

How to Avoid a DUI on the Fourth of July

On the Fourth of July, we celebrate our nation’s independence by throwing a pool party, barbequing, setting off fireworks, and even consuming alcohol beverages. Unfortunately, many people end up drunk driving on this day. According to the Insurance Institute for Highway Safety (IIHS), Independence Day is the deadliest holiday for fatal car accidents. In fact, […]

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Attorney Harley Wagner Named to 2019 Super Lawyers List

Attorney Harley Wagner Named to 2019 Super Lawyers List

Attorney Harley Wagner has been selected to the 2019 Super Lawyers list, making this his 7th year receiving the prestigious distinction. Only the top 5% of lawyers in the state are named to the list each year, and less than 1% of those are criminal defense attorneys. Harley is the only DUI attorney selected to the […]

Not Every WV Criminal Defense Attorney Is a DUI Specialist

Not Every WV Criminal Defense Attorney Is a DUI Specialist

Lack of familiarity with West Virginia DUI laws can be devastating if you make the wrong decisions when being arrested, and in selecting your criminal defense lawyer. The problems and loss of driving privileges can increase after a West Virginia DUI is pending against you. Your best advice for a driving under the influence cases in West […]

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Recent WV DUI Law Changes (Deferral, Interlock, First Offense)

Recent WV DUI Law Changes (Deferral, Interlock, First Offense)

This page covers three different changes in WV DUI laws that are very important to DUI penalties and consequences. In a 4-year period, the WV Legislature altered our state DUI laws three times: in 2012, 2014 and 2016. Read this entire page to better understand WV DUI laws. West Virginia DUI Deferral Program In 2012, the West Virginia […]

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How Long Does a DUI WV Stay On Your Record | DUI Deferral

How Long Does a DUI WV Stay On Your Record DUI Deferral?

A commonly searched question for those facing drunk driving charges is “How long does a DUI in WV stay on your record?” Possibly forever, unless you either win your first offense DUI West Virginia case, or you are eligible (under a special provision of the WV code) for the WV DUI deferral program. This special program for DUI first […]

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Should I Take the WV DUI Breath Test? | Implied Consent Law

Should I Take the WV DUI Breath Test? | Implied Consent Law

DUI Refusal in West Virginia NO LONGER Equals Reward! (*More so with WV licensed drivers than out-of-state licensed drivers – read below for further info.) In the Spring of 2016, I wrote the article below, “Refuse No More,”’ where I advised citizens that effective June 1, 2016, “refusing” the official breath test at a police station […]

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