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West Virginia Drug DUI Attorney

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. The Wagner Law Firm can help create a strong defense on your behalf, implementing over 22 years of experience.

Arrested for driving under the influence of drugs? Call (304) 461-6000 or contact us online to schedule your free consultation with our dependable drug DUI attorneys in West Virginia today!

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.

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.

What are the Penalties for a First Offense DUID?

If you are convicted of a DUI drugs first offense charge, your sentence could consist of:

  • Jail time up to six months
  • $100 to $500 fine
  • Loss of driver’s license up to six months

If you’re convicted as a habitual user of narcotic drugs or amphetamines, you’re ineligible to opt for interlock ignition device installation in your car in place of your driver's license suspension. Your license will be temporarily revoked and, after the suspension period, will have to attend and complete the DUI Safety and Treatment Program before your license may be fully reinstated.

Learn more about how The Wagner Law Firm can fight for you when charged with DUI drugs even with a first offense. 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.
  • DUI Felony 3rd Offense (Berkeley Springs, WV) Not Guilty
  • DUI Felony Fleeing / Attempted Murder by Vehicle (Romney, WV) Dismissed
  • .08 DUI Causing Death case (Clarksburg, WV) Dismissed
  • .14 Felony DUI Causing Death Case (Martinsburg, WV) Reduced to Misdemeanor
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Martinsburg, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUID 1st (West Virginia) Dismissed
  • DUI 1st (St. Mary’s, WV) Dismissed

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