The bar is closing and you’re too drunk to drive home. While you can call an Uber to give you a ride, you don’t want to leave your car in the parking lot or street overnight. In this situation, many people believe “sleeping it off” in the car is a valid option. After a few […]
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 […]
When a person is suspected of driving under the influence in West Virginia, law enforcement may administer one or more field sobriety tests (FSTs) during a traffic stop to determine if the driver is impaired. If a person is formally charged with a DUI, the results of these tests can be used against him/her. The following […]
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, […]
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 […]
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 […]
Due to lack of money, or thinking that a DUI arrest is a minor criminal case, thousands of people search the internet for information on how to go to court without a lawyer. They type in queries such as, “Can I represent myself in court?” and follow whatever information they are reading, which is almost […]
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 […]
Dear Delegates: My name is Harley Wagner. I come to each of you first and foremost as a birth citizen of West Virginia, a husband, a father of two young sons, a taxpayer and a lifelong resident of Berkeley County and the eastern panhandle. Secondarily, I come to each of you as a licensed attorney […]
The West Virginia Supreme Court of Appeals has ruled that citizens can be charged with a DUI even if they were operating a vehicle while intoxicated on private property. The High Court overturned a lower circuit court ruling that would have excluded drivers from being charged with driving under the influence on their private land. The […]