WV Felony DUI Penalties – Is a DUI a Felony?

You may be asking, “Is a DUI a Felony in WV?” Drunk driving or drugged driving is a felony if you have had 3 DUIs in a 10-year period, death occurred as a result of you driving intoxicated, or you tried to flee from police officers after they indicated to pull over.

But this is not a cut and dried rule. You need a WV DUI lawyer who can explain the difference between a misdemeanor DUI and a felony DUI in West Virginia, and create a winning defense strategy regardless of what type criminal charge or charges you face.

If you need help figuring out exactly what you are charged with, call us at (304) 901-7400 and Harley will ask if you have your traffic citations paperwork. This form or forms should have been handed to you when you were released from jail.

WV DUI attorney Harley Wagner has represented over 1,800 West Virginia drivers in courtrooms all across the Mountaineer State, from Martinsburg to Charleston. The overwhelming majority of cases that Mr. Wagner handles are first offense misdemeanor DUI.

Being “accused” or “charged” of a WV felony DUI instead of a misdemeanor does not remotely mean all hope is lost. A repeat offender is facing much more serious consequences than a first time offender in West Virginia. That’s because West Virginia DUI laws are much harsher on the repeat WV DUI offender.

While felony penalties can be severe “if” convicted in West Virginia, you can get help from an experienced DUI lawyer like Harley Wagner. Harley has spent over fifteen years defending citizens charged with DUI in West Virginia.

In fact, Harley Wagner has handled over 1,800 DUI cases over the past 16+ years, many of which have been felony cases, including DUI Causing Death and DUI Fleeing cases.

What Exactly Is a Felony DUI WV?

According to West Virginia DUI alcohol laws, there are three types of felony driving while intoxicated offenses in West Virginia:

  1. DUI 3rd offense
  2. DUI Causing Death
  3. DUI Fleeing

West Virginia DUI attorney Harley Wagner has defended citizens accused of each of these types of WV DUI cases numerous times throughout his career.

Per West Virginia DUI laws, a DUI 3rd offense felony is one where a citizen must have two prior DUI convictions anywhere in the United States within a 10-year period from the instant case offense date. *This “ten-year lookback period” is defined from prior offense date to instant offense date, not prior conviction date to instant offense date.

Government prosecutors routinely get this wrong and overcharge in violation of WV DUI laws and statute. A citizen accused of felony DUI 3rd offense in West Virginia is facing a potential sentence of two (2) to five (5) years in the State penitentiary and a potential fine of $3,000 to $5,000.

Per West Virginia DUI laws, a citizen accused of felony DUI Causing Death is facing a potential sentence of three (3) to fifteen (15) years in the State penitentiary, and a mandatory fine of $1,000.00 to $3,000.00.

Per West Virginia DUI laws, a citizen accused of DUI and Fleeing from law enforcement after the officer has given a “..clear visual or audible signal directing the person to stop” will be charged with felony DUI Fleeing, which carries a possible penalty of three to ten years in the State penitentiary.

How Can WV DUI Lawyer Harley Wagner Help Me?

In addition to the severe criminal court consequences a citizen faces in a felony WV DUI case, there are also greater license suspension consequences a citizen faces. This is another reason to get a skilled West Virginia DUI attorney like Harley Wagner on your side right away. He can explain West Virginia DUI laws and how best to defend your case both in the criminal and license courts.

Harley Wagner has the experience, training, and knowledge you need to defend your felony WV DUI case. He runs the only law firm in the entire state of West Virginia that focuses solely on DUI cases. That means he is not one of those countless “yellow page” lawyers that dabbles in WV DUI defense.

West Virginia DUI defense is what Harley Wagner practices and focuses on every day of his career. He will be able to work with you to build the best possible defense, while guiding and informing you throughout the process. Getting a skilled lawyer like Harley Wagner on your side could change the outcome of your case, and your life.

West Virginia DUI laws are very unforgiving, especially if you are facing a DUI felony charge. If you decide to give up and just plead guilty, it is guaranteed these consequences will occur and that you will be a convicted felon for the rest of your life. On the other hand, if you hire an experienced West Virginia DUI lawyer like Harley Wagner, you will have someone who will fight for you, a person who possesses the DUI defense training and experience to do so.

As soon as Harley Wagner takes your case, he will put the prosecution’s evidence under a microscope to find any legal or factual issue and defense able to be used to fight for you and your constitutional rights. He will work to protect and enforce your rights, to help you maintain your employment, and to keep your driver’s license.

Harley Wagner is here for you around the clock all week long. Reach out to him before it is too late.