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West Virginia Aggravated DUI Attorney

DUI with High BAC Level

In West Virginia, aggravated drunk driving occurs in all cases with a conviction, and a BAC level of 0.15%or more. Of course, a DUI can also result from driving under the influence of drugs with no alcohol, but the WV Code has no similar enhanced penalty statutes for any DUI-drugs offense. However, state laws already sanction a DUI-drugs conviction more harshly by taking away all driving privileges for a longer period of time.

Simply stated, since driving is a privilege, and not a constitutionally protected right, each state determines its rules for anyone driving on that state’s highways. For high alcohol content DUI cases, it is in your best interest to seek immediate legal advice from a highly experienced aggravated DUI lawyer in West Virginia.

Contact The Wagner Law Firm at (304) 461-6000 to discuss your case during a free consultation.

Aggravated DUI Definition

Aggravated DUI is an added “type” of DUI charge that focuses on motorists arrested for DUI who have high BAC levels. This enhanced DUI statute increases mandatory penalties for both first-offense and repeat-offense DUI.

Penalties for Aggravated DUI in West Virginia

An aggravated DUI is generally charged as a misdemeanor unless there are previous DUI convictions or other aggravating factors present.

Potential aggravating factors include:

  • Death or injury caused by the DUI
  • Having minors in the vehicle
  • DUI while driving with a suspended or revoked license
  • Speeding

The state’s mandatory minimum penalties will be increased for an aggravated DUI.

You could be facing:

  • Jail time
  • Fines
  • License suspension
  • Mandatory ignition interlock device installation

The Origins of Aggravated DUI Charges

Over three decades ago, NHTSA (the National Highway Traffic Safety Administration) began a campaign to push all states’ legislatures to add enhanced impaired driving offenses for drivers whose alcohol content was 0.15 or more from a post-arrest forensic breath alcohol test or blood alcohol test. The concept was simple: Intoxicated drivers who egregiously drank to excess and got behind the wheel were statistically proven to be a greater risk to the public.

In 1964, the Grand Rapids study – although flawed in many ways from a reliability standpoint – showed a significant increase in fatalities for motorists who had alcohol content levels of 0.08 grams percent or higher. Plus, the higher the DUI accident driver’s BAC (blood alcohol content) level, the corresponding percentage of deaths in DUI crashes was consistently higher.

Contact The Wagner Law Firm to learn more about aggravated DUI charges. Call (304) 461-6000.

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