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

West Virginia DUI with Injury Attorney

Representing Clients with Compassion & Vigor

In June of 2015, the West Virginia legislature amended 17C-5-2 of the WV Code (a.k.a. the DUI statute) to separate the charge of WV DUI with Injury into two different charges: DUI with minor bodily injury and DUI with serious bodily injury

The WV DUI statute defines bodily injury and serious bodily injury as:

  • Bodily injury: An injury that causes substantial physical pain, illness, or any impairment of physical condition
  • Serious bodily injury: Bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

If you have been charged with any type of DUI with Injury, you will want to consult with a skilled attorney as soon as possible. West Virginia DUI attorney Harley Wagner has over 22 years of experience to put to work for you. Let Harley fight for you and craft an effective defense strategy on your behalf.

Call (304) 461-6000 or complete this online contact form to request an initial consultation for free.

Determining Bodily Injury

To determine whether an impaired driver caused bodily injury or serious bodily injury, the prosecution will collect the medical records of everyone injured in the accident. If the driver was also seriously injured in the incident, the police department may wait until he/she is released from the hospital before they arrest charge the driver with DUI with injury.

Potential Penalties

DUI with minor bodily injury is a misdemeanor punishable by a minimum mandatory 24 hours in jail up to one year, and a mandatory minimum fine of $200 up to $1,000. A DUI with serious bodily injury is now a felony in West Virginia punishable by not less than two years in the state penitentiary and up to 10 years, and a mandatory minimum fine of $1,000 up to $3,000.

If any person suffering a serious bodily injury as a result of an impaired driver dies within one year of the original incident and death is a proximate result of an injury received during the original incident, the driver will face negligent homicide charges.

Consult with The Wagner Law Firm

If you are facing a DUI with injury charge in West Virginia, you need a capable attorney defending you in court. DUI with injury penalties are severe and will be felt for the rest of your life. Harley Wagner has successfully represented clients who were involved in a drunk driving or drugged driving accident where people got hurt.

A drunk driving arrest with injuries can eventually lead to a civil damages case against the impaired driver. What happens in your criminal trial can have a direct impact on your civil trial. Let The Wagner Law Firm help.

Call (304) 461-6000 to get started with a free consultation. The Wagner Law Firm serves clients in Berkeley, Jefferson, and Monongalia counties and throughout West Virginia.

  • 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)

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