West Virginia Felony DUI Lawyer
Arrested for felony DUI? We Can Help
Fighting a DUI case entails challenging the state’s ability to prove these necessary elements of the alleged crime. To build a strong case, you need a felony DUI attorney in West Virginia who can explain drunk driving laws and the difference between misdemeanor and felony DUI.
Attorney Harley Wagner can create a winning defense strategy regardless of what type of criminal charge you face. Harley Wagner has represented thousands of drivers in courtrooms throughout the state, including Berkeley, Jefferson, and Monongalia counties.
Request your free consultation with our leading felony DUI lawyers in West Virginia by calling (304) 461-6000 or contacting us online today!
When Does a DUI Become a Felony?
Drunk or drugged driving is a felony if:
- You have had three DUIs in a 10-year period
- Death occurred as a result of you driving while intoxicated
- You tried to flee from law enforcement officers after they indicated for you to pull over for some driving offense, and death ensues
- Serious bodily injury occurred as a result of you driving while intoxicated
Felony vs. Misdemeanor DUI in West Virginia
Being accused of or charged with a felony DUI instead of a misdemeanor does not remotely mean all hope is lost. For certain, a repeat offender is facing much more serious consequences than a first-time offender. However, it may be possible to have charges reduced.
There are four types of felony DUI charges in West Virginia:
- Third-offense DUI
- DUI Causing Death
- DUI Fleeing
- DUI Causing Serious Bodily Injury
What are the Penalties for Felony DUI?
If you have been arrested for DUI, you may be wondering what kind of charges you will face and what penalties could lie ahead. If convicted, you could be facing:
- Up to 5 years in jail
- Fines up to $5,000 plus court costs
- Potential lifelong license revocation
Over the last 22 years, Harley Wagner has handled over 3,000 DUI cases, many of which have been felony cases. Whether you have an alcohol concentration over the legal limit or you have multiple DUIs on your record, The Wagner Law Firm can develop an effective strategy in pursuit of reduced or dropped charges.
How Harley Wagner Can Help You
In addition to the severe criminal court consequences a citizen faces in a felony DUI case, there are also greater license suspension consequences that you could face. This is another reason to get a skilled West Virginia felony DUI attorney like Harley Wagner on your side right away. He can explain West Virginia’s DUI laws and how best to defend your case.
If Harley Wagner takes your case, he can put the prosecution’s evidence under a microscope to find any legal or factual issue, plus create a solid defense to fight for you and your constitutional rights. Harley’s goal is to protect and enforce your rights, help you maintain your employment, and keep your driver’s license.
Reach out to our West Virginia felony DUI attorney before it is too late. Call (304) 461-6000 today to receive a free DUI consultation.

Case Results
-
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

Call 304-461-6000 To Get Started