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Drug DUI Attorney in West Virginia

Understanding Drugged Driving Charges & Penalties

DUI drug (DUID) cases are on the rise, as more and more West Virginians make the decision to drive after taking either their prescription medications or illegal drugs like marijuana and methamphetamine.

West Virginia DUID lawyer Harley Wagner knows the state’s DUI drug laws very well. In 2013, a new DUI drugs bill went into effect to expand the implied consent notice to include drivers suspected of driving under the influence of controlled substances. The Wagner Law Firm can help create a strong defense on your behalf, implementing over 22 years of experience.

Get started on your case with a free consultation – call Harley Wagner at (304) 461-6000 today. He serves Berkeley, Jefferson, and Monongalia counties and all of West Virginia.

Detecting Drugs in the System

If you are pulled over for suspected DUI, the police can arrest you and then administer a blood test to detect drug impairment. This blood test can be given at a medical facility or at police headquarters.

Generally speaking, it is more difficult for police to detect drug impairment than alcohol impairment. That is why police agencies throughout the state are investing in better drug-detection training for their officers.

Implied Consent Law

When you are issued a driver’s license in West Virginia, you automatically give your implied consent to be tested for the presence of alcohol or drugs through the use of a breath test, blood test, or urine test. After you are handcuffed by the arresting officer, it is the officer’s legal duty to read the implied consent notice to you.

If you refuse to take the blood test, you face the consequences of a DUI refusal. DUI refusal can result in the loss of your driver’s license for one year.

If the officer failed to read the implied consent advisement to you upon arrest, West Virginia DUI drugs attorney Harley Wagner may be able to use this to your advantage in your defense. He may be able to get your breath, blood, or urine test results excluded from the evidence.

Is There a Legal Limit for Drugs?

West Virginia Code Section 17C-5-2 prohibits driving a vehicle under the influence of any controlled substance or prescription drug. West Virginia has no set legal levels on drug impairment.

A DUID case involving prescription drugs comes down to a doctor or expert advising that a certain level of a particular drug is consistent with recreational use, not legal therapeutic use. That means a doctor could determine that you took too many pills or failed to follow the prescription’s printed instructions.

In the case of illegal drugs, the prosecution only needs to find trace amounts of the substance in your bloodstream. Marijuana is the only illicit drug that has legal levels listed.

Penalties for Drug DUI

If you are convicted of a DUI drugs charge and you did not refuse a chemical test, your minimum sentence could consist of:

  • Jail time up to six months
  • Ignition interlock device for 45 days
  • $100 minimum fine
  • Loss of driver’s license up to six months

These penalties are general guidelines for a first-offense DUI drugs arrest. The consequences get worse if you already have a prior DUI, if the level of drugs in your system is extremely high, or if you are a commercial license (CDL) holder.

Learn more about how The Wagner Law Firm can fight for you when charged with DUI drugs. Call (304) 461-6000 or contact the firm online.

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