Whenever you go out for the night and have a few drinks, you should always be responsible. However, it is easy to overindulge. While we all have the option of calling a designated driver or requesting a ride from Uber/Lyft, either your friend can’t pick you up or your Uber/Lyft ride is quite costly. That […]
The holiday season consists of festive gatherings with loved ones, travel such as road trips, and other ways to be jolly and merry until the end of the year. However, celebrations often involve alcohol consumption, which can lead to drunk driving accidents and DUI arrests. Starting from Thanksgiving’s Even (Black Wednesday) until New Year’s Day, police departments […]
When a person is arrested for DUI in West Virginia, a police officer will ask the driver to submit to a breath test to determine his/her blood alcohol content (BAC). If a person’s BAC is over .08 percent—or .04 percent if he/she a commercial driver’s license (CDL) holder or .02 if he/she is under 21 years old—then he/she can […]
A police officer can detain a person for questioning, search for evidence, and make a DUI arrest in West Virginia if he/she establishes reasonable suspicion and probable cause. Although these two legal concepts are used interchangeably, there are several key differences. Reasonable Suspicion Reasonable suspicion must be established in order to detain someone or make a traffic […]
According to the Centers for Disease Control and Prevention (CDC), alcohol is the most commonly used and abused substance among children and teenagers in the United States. The National Survey on Drug Use and Health reported in 2016 that 19 percent of young people aged 12 to 20 drink alcohol and 12 percent admitted to […]
Everyone understands that driving under the influence of alcohol or drugs can lead to a DUI arrest. However, many people wonder if it is possible for a passenger who allowed another person to drive drunk? In West Virginia, the answer is yes. In 2015, the state Supreme Court of Appeals ruled 3-2 to uphold the penalties administered […]
On behalf of our legal team at The Wagner Law Firm, we would like to congratulate Attorney Harley Wagner for being voted #1 Best Attorney in the DUI and Traffic category in the annual Reader’s Choice Award™ by The Journal for the 10th consecutive year. The Journal Newspaper is a Martinsburg, West Virginia publication, which covers the Eastern Panhandle […]
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 […]