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Helping You Defend Your Future Trust West Virginia's Top DUI Attorney

Martinsburg DUI Defense Attorney

Defending Berkeley County Residents from DUI Charges

You’ve been arrested and charged with a DUI. Bad luck strikes and now you have to deal with some serious consequences. According to DUI laws and drunk driving code, you could lose your driver’s license. You may even pay big fines or have to attend alcohol education classes.

But the worst part is going to jail – and it can happen even for a first-time offender. But DUI cases aren’t a slam dunk for the prosecution, despite the evidence that seems stacked against you. In fact, there are many ways to defend your DUI case if you enlist the help of an experienced attorney. Martinsburg DUI lawyer Harley Wagner can help you build a strong defense.

Contact The Wagner Law Firm online or call (304) 461-6000 for a free case evaluation.

Typical Penalties for a DUI Conviction

The penalties for DUI conviction are extremely harsh and can include a return trip to jail. That’s why it’s imperative that you get help from an experienced DUI lawyer like Harley Wagner. He can explain that your DUI arrest actually triggers two separate cases: A criminal court case and an administrative case with the West Virginia DMV.

Penalties for a DUI in criminal court depend upon your DUI history, but even a first-time offender can spend time in jail. If this is your first DUI, there is a maximum punishment of 6 months in jail and a fine of as much as $500.

Penalties get more serious for a second offense. You could end up in jail for a year with fines as high as $3000. A third offense means jail time of up to three years and fines of $5000. There is also the possibility of mandatory alcohol education classes and the installation of an ignition interlock system.

The Difference between a Non-Aggravated DUI & an Aggravated DUI

There are two types of first-offense DUI charges: if your BAC is .15 or lower, that is called non-aggravated, if it is higher than .15, the charge will be aggravated DUI. A non-aggravated DUI means a possible punishment of between no jail time up to six months in jail, with a mandatory minimum fine of $100.

An aggravated DUI carries a minimum 24 hours mandatory jail time up to a maximum six months, and a minimum mandatory fine of $100. Remember, this is just for a first offense. If you have more DUIs in your past, penalties become even more severe.

In addition to the criminal case, you also have to deal with driver’s license consequences following your DUI arrest. This is why it is so important to get a skilled attorney on your side immediately. West Virginia DUI laws are among the toughest in the country. You have a limited amount of time to save your driver’s license following a DUI arrest.

However, if you make a DUI Hearing Request with the West Virginia DMV, you may be allowed to continue driving pending the outcome of the hearing. If you don’t make this request within 30 days of receipt of your notice of suspension, your license will be automatically suspended.

Can I Lose My License Even If I Win My Criminal Case?

Did you know that if you refused testing of your blood or breath following your DUI arrest, you could lose your license forever? That’s right – in West Virginia, what is called “implied consent law” requires you to submit to these tests.

If you don’t take the test, a DMV administrative action could mean a lifetime ban from driving! This is another reason you need The Wagner Law Firm working for you, to help save your driver’s license.

According to West Virginia’s DUI laws, the state can prosecute a DUI case in one of two ways. The prosecutor can present evidence that the driver was impaired by drugs or alcohol by using videotaped driving patterns, field sobriety tests, physical appearance, and chemical tests. Remember, the state does have to use evidence of chemical testing to support a conviction.

On the other hand, prosecutors can base their case on the chemical test results alone. That means the only requirement for conviction is whether the driver was above the legal alcohol limit of .08% at the time of driving.

Don’t end up in jail. Don’t get saddled with thousands of dollars in fines. Don’t lose your license. Instead, talk to Harley Wagner about how you can fight these harsh DUI penalties.

The Wagner Law Firm serves clients in Berkeley, Jefferson, and Monongalia counties and throughout West Virginia. Contact the firm at (304) 461-6000 today.

Case Results

With decades of legal experience and over 800 hours of DUI defense training, Harley Wagner knows how to fight DUI charges effectively. Read The Wagner Law Firm's recent case results to learn more about Harley's past successes.
  • Dismissed .08 DUI Causing Death case (Clarksburg, WV)
  • Reduced to Misdemeanor .14 Felony DUI Causing Death Case (Martinsburg, WV)
  • Charge Reduced Aggravated DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Martinsburg, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (St. Mary’s, WV)
  • Dismissed DUI 1st (West Virginia)
  • Not Guilty DUI 1st. (Martinsburg, WV)
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Why Trust Harley Wagner?

  • Over 20 Years of Experience
  • More Than 2,500 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: West Virginia DUI Defense: The Law and Practice
Looking Forward to Helping You

Call 304-461-6000 To Get Started