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Fairmont DUI Defense Lawyer

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Getting arrested for a DUI in West Virginia can be a stressful, confusing, and frightening experience, whether it’s your first or fourth offense. If convicted, your driver’s license will be revoked for a lengthy period of time, you will be subject to costly fines, and you may end up serving time behind bars. However, hiring an experienced lawyer to fight the charges against you makes it possible to either have your charges reduced or your entire case dismissed.

If you have been arrested in Fairmont, The Wagner Law Firm can protect your rights, freedom, and future. Attorney Harley Wagner has more than 22 years of legal experience exclusively practicing DUI defense and has defended over 2,5000 DUI cases in more than 40 counties, from misdemeanor to felony DUI offenses. He has over 800 hours of DUI defense training, wrote a book titled, “WV DUI DEFENSE – the Law and Practice,” and is only one of two lawyers in West Virginia who knows how to use the breath testing device used by state law enforcement officials.

Contact us today to let our legal team determine your available legal options.

DUI Laws & Penalties in West Virginia

A person can get a DUI in West Virginia for operating a vehicle with a blood alcohol content (BAC) of at least .08 percent or driving while under the influence of alcohol, drugs, or the combination of both. While the legal limit is for state drivers who are at least 21 years old, the legal limit for commercial driver’s license (CDL) holders is .04 percent, and the legal limit for underage drivers (under 21 years of age) is .02 percent.

Penalties for a West Virginia DUI include:

  • First DUI – A conviction results in a maximum six-month jail sentence, driver’s license revocation for up to one year or thirteen and one-half months with ignition interlock installation in the driver’s vehicle, and a fine up to $1,000 (court fees not included).
  • Second DUI – A conviction results in a maximum one-year jail term, driver’s license revocation for up to ten years or three years with ignition interlock system, and a fine not exceeding $3,000 (court fees not included).
  • Third or subsequent DUI – A conviction results in a maximum five-year jail sentence, driver’s license revocation for life or four years with ignition interlock, and a fine no more than $5,000 (court fees not included).

Regardless of how many DUIs are on a driver's record, all license suspensions require completion of the DUI Safety and Treatment Program before a driver’s license may be fully reinstated.

Let Attorney Harley Wagner Fight for You!

Getting arrested doesn’t automatically mean you are guilty. It is possible that the arresting officer(s) violated your rights during arrest or used faulty testing equipment to determine your BAC level, which is why our Fairmont DUI lawyer can investigate your case, find any weaknesses in the prosecution’s argument, and do our best to help you avoid serious criminal penalties. Do not wait to get skilled and award-winning legal representation from the only law firm in the entire state that only handles DUI cases.

Call (304) 461-6000 today for a free case review.

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

Harley Wagner

Award-Winning DUI Attorney Harley is the owner of The Wagner Law Firm, West Virginia’s only exclusive DUI defense law firm. Harley is a graduate of his beloved alma mater, West Virginia University, where he received a Bachelor of Science in journalism in 1990. He attended law school in Lansing, Michigan where he graduated from the Thomas M. Cooley School of Law in 1995. Criminal law and being a criminal defense attorney was Harley’s singular focus during and after law school. In furtherance of...

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