Skip to Content
Call for a FREE Case Review 304-461-6000
Helping You Defend Your Future Trust West Virginia's Top DUI Attorney

West Virginia Aggravated DUI Lawyer

Aggressive Defense Against Aggravated DUI Charges


At The Wagner Law Firm, we specialize in providing legal representation for individuals facing aggravated DUI charges in West Virginia. Our team of attorneys is dedicated to safeguarding your rights and ensuring you receive the best possible outcome for your case. Look no further if you're searching for a West Virginia aggravated DUI lawyer who will stand by your side.

Call The Wagner Law Firm today at (304) 461-6000 or contact us online to schedule a meeting with our aggravated DUI attorney in West Virginia! 

What is an Aggravated DUI?

Aggravated DUI is a severe offense in West Virginia. An aggravated DUI charge differs from a standard DUI charge because it involves certain aggravating factors that elevate the severity of the offense. These factors may include:

  • Excessive Blood Alcohol Concentration (BAC): A BAC of 0.08% is the legal limit for a standard DUI in West Virginia. However, if your BAC is significantly higher, usually 0.15% or more, you could be charged with an aggravated DUI.
  • Previous DUI Convictions: A subsequent DUI arrest may lead to an aggravated DUI charge if you have prior DUI convictions on your record within the past ten years.
  • Reckless Driving: Engaging in reckless driving behavior while under the influence, such as excessive speeding, can result in an aggravated DUI charge.
  • DUI with a Minor Passenger: If you are arrested for DUI with a child under 16 in the vehicle, you may face aggravated DUI charges.
  • Causing Injury or Death: If your DUI results in an accident that causes injury or death to another person, you could be charged with aggravated DUI, which carries more severe penalties.

Understanding the circumstances surrounding your arrest is crucial in building a strong defense. Our West Virginia aggravated DUI lawyers will meticulously review your case to identify any factors that could be used in your favor.

What are the Penalties for an Aggravated DUI in West Virginia?

The penalties for an aggravated DUI in West Virginia are significantly harsher than those for a standard DUI. The consequences you may face will depend on the circumstances of your case and any previous convictions. Here are some of the potential penalties:

  • Jail Time: Aggravated DUI convictions often result in mandatory jail sentences. The sentence length will vary, but it can be substantial, particularly if you have previous DUI convictions or if injury or death occurred due to the DUI.
  • Fines: Aggravated DUI convictions involve substantial fines, court costs, and fees. These financial burdens can be overwhelming, making having a skilled attorney essential.
  • License Suspension: Your license may be suspended for an extended period or even revoked, depending on the severity of the aggravated DUI charge.
  • Probation: In some cases, the court may offer probation as an alternative to jail time. However, probation typically involves strict conditions and supervision.
  • Ignition Interlock Device: You may be required to install an ignition interlock device on your vehicle, which prevents it from starting if alcohol is detected on your breath.
  • Mandatory Alcohol Education Programs: Completion of alcohol education programs is often required as part of the sentence.
  • Criminal Record: A conviction for aggravated DUI will result in a criminal record, which can have long-lasting consequences on your personal and professional life.

Defenses Against Aggravated DUI Charges

Being charged with an aggravated DUI does not mean you are automatically guilty. There are several effective defenses that our West Virginia aggravated DUI lawyers can explore on your behalf, including:

  • Illegal Stop: If law enforcement officers did not have a valid reason to stop your vehicle, any evidence obtained during the stop may be inadmissible in court.
  • Faulty BAC Test: Breathalyzer and blood tests are not infallible. Errors in testing equipment, administration, or calibration can result in inaccurate BAC readings.
  • Challenging Evidence: Our legal team will carefully examine all evidence, including dashcam footage, witness statements, and police reports, to identify any inconsistencies or violations of your rights.
  • Negotiation: In some cases, it may be possible to negotiate a plea agreement to reduce the charges or penalties.
  • Rising BAC Defense: It can be argued that your BAC was below the legal limit while driving, but it had risen to an illegal level when tested later.

Contact Our West Virginia Aggravated DUI Attorney Today

If you are facing an aggravated DUI charge in West Virginia, you need experienced legal representation to protect your rights and build a strong defense. The Wagner Law Firm is here to stand by your side, fighting vigorously to achieve the best possible outcome for your case. Our dedicated team of West Virginia aggravated DUI lawyers is committed to providing you with the support and advocacy you need during this challenging time.

Contact The Wagner Law Firm today to schedule a case review with our aggravated DUI lawyer in West Virginia!

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)

Why Trust Harley Wagner?

  • Over 21 Years of Experience
  • More Than 3,000 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