Skip to Content
Call for a FREE Case Review 304-461-6000
Helping You Defend Your Future Trust West Virginia's Top DUI Attorney

Marion County DUI Defense Attorney

Ready to Provide Experienced & Knowledgeable Legal Representation

Whether you have been charged with a first DUI offense or fourth, a conviction results in fines, driver’s license suspension, and even a jail or prison sentence. Additionally, having a permanent criminal record following you for the rest of your life can prevent you from obtaining employment, applying for college, finding housing, and living a normal life. Right after getting arrested, it is in your best interest to seek legal counsel from a skilled attorney to help you avoid serving serious penalties.

At The Wagner Law Firm, we are the only law firm in West Virginia primarily focused on DUI defense. With more than two decades of legal experience and over 2,500 DUI cases handled throughout the state, our Marion County DUI lawyer can determine your available legal solutions and help you either get your entire case dismissed or your charges reduced.

Call (304) 461-6000 to discuss your case with our legal team today.

West Virginia DUI Laws & Penalties

In Marion County, anyone who is in an “impaired state” while operating a vehicle can be charged with DUI. Being in an impaired state means either having a blood alcohol content (BAC) level of at least .08 percent or being under the influence of alcohol, drugs, or a combination of both.

While the legal limit for passenger car drivers is .08 percent, the legal limit for those who operate commercial vehicles is .04 percent. Additionally, drunk drivers who are under 21 years of age can get charged with a DUI for having a BAC of at least .02 percent.

The following are the penalties for a DUI conviction in West Virginia:

  • First DUI – Punishable by a jail term of up to six months, driver’s license revocation for up to one year or thirteen and one-half months with interlock installation in vehicle, and a maximum $1,000 fine (court costs not included).
  • Second DUI – Punishable by a jail sentence of up to one year, driver’s license revocation for up to ten years or three years driving with ignition interlock, and a maximum $3,000 fine (court costs not included).
  • Third or subsequent DUI – Punishable by a jail sentence of up to five years, lifetime driver’s license revocation or four years of ignition interlock, and a maximum $5,000 fine (court costs not included).

All drivers with suspended licenses must complete the DUI Safety and Treatment Program before their driver's license may be reinstated.

Call (304) 461-6000 to Let Attorney Harley Wagner Help You Today

Our Marion County DUI attorney has won drunk driving cases in more than 40 counties, obtained more than 800 hours of DUI defense training, and wrote a book called “WV DUI DEFENSE – the Law and Practice.” He is only one of two lawyers in the entire state who can operate the Intoximeter EC/IRII, which is the breath test device used by West Virginia law enforcement officials. With this type of knowledge and experience on your side, we can do our best to help you avoid serious penalties and get your life back on the right track.

Contact us today and schedule a free consultation today.


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...

Request A FREE Case Review

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy