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 […]
Category Archives: DUI
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, […]
In order to transport cargo or passengers, these drivers must obtain a commercial driver’s license (CDL). Not only does a CDL enables drivers to operate commercial vehicles such as semi-trucks and buses, but it also enables them to have a career to support their families. But what happens to a CDL in the event of […]
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 […]
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 […]
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 […]
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 […]