West Virginia Drug DUI Attorney

At The Wagner Law Firm, we understand the gravity of a drug DUI charge in West Virginia, and are here to offer our support and legal experience. Our experienced West Virginia drug DUI attorney is dedicated to helping you pursue the best possible outcome for your case. We offer free consultations to discuss your options and chart the best path forward.

Understanding Drug DUI Charges in West Virginia

In West Virginia, drug DUI, also known as Driving Under the Influence of Drugs (DUID), is a serious offense. It involves operating a vehicle while impaired by drugs, which can encompass a range of substances, including prescription medications, over-the-counter drugs, and illegal substances. The state has strict laws and penalties in place to address this issue, making it vital to understand the charges you may face. Visit our Martinsburg, WV office.

Detecting Drugs in the System

If you are pulled over for suspected DUI, the police can arrest you and then administer a blood test to detect drug impairment. This blood test can be given at a medical facility or at police headquarters. Generally speaking, it is more difficult for police to detect drug impairment than alcohol impairment. 

Is There a Legal Limit for Drugs?

West Virginia Code Section 17C-5-2 prohibits driving a vehicle under the influence of any controlled substance or prescription drug. West Virginia has no set legal levels on drug impairment. A DUID case involving prescription drugs comes down to a doctor or expert advising that a certain level of a particular drug is consistent with recreational use, not legal therapeutic use. That means a doctor could determine that you took too many pills or failed to follow the prescription’s printed instructions. In the case of illegal drugs, the prosecution only needs to find trace amounts of the substance in your bloodstream. Marijuana is the only illicit drug that has legal levels listed.

Charges You May Face

First-Offense Drug DUI

If you are arrested for your first drug DUI offense, you may face fines ranging from $100 to $500, a license suspension of 15 days to 6 months, and potential jail time from 24 hours to 6 months. The penalties can increase if your drug impairment level is higher.

Second-Offense Drug DUI

For a second offense within ten years, the penalties become steeper, with fines between $1,000 and $3,000, a license suspension of 1 year, and potential jail time from 6 months to 1 year.

Third-Offense Drug DUI

A third offense within ten years carries even more severe consequences, including fines between $3,000 and $5,000, a license suspension of 1 year, and possible incarceration for 1 to 3 years.

Why You Need a West Virginia Drug DUI Attorney

Legal Experience

Drug DUI cases can be complex, involving scientific evidence and various legal nuances. Our attorney is well-versed in West Virginia’s drug DUI laws and can provide invaluable experience to navigate your case effectively.

Investigative Experience

Our legal team can thoroughly investigate the circumstances of your arrest, determining if law enforcement followed the proper procedures. Any deviations can be crucial in building a solid defense.

Reducing or Dismissing Charges

Our experienced attorney has a track record of reducing or dismissing charges. We will work tirelessly to pursue the best possible outcome for your case, whether it’s a plea deal, reduced penalties, or an acquittal.

Protecting Your Rights

We will advocate for your rights and help you avoid potential negative consequences such as a criminal record, steep fines, and prolonged license suspension.

Peace of Mind

Facing a drug DUI charge is stressful, and our legal team is here to provide you with the support and guidance you need during this challenging time. A drug DUI conviction in West Virginia can have lasting consequences, and it’s vital to have experienced legal representation on your side. The Wagner Law Firm is dedicated to helping you pursue the best possible results after being arrested for a drug DUI.

Avoiding Common Mistakes After a Drug DUI Arrest in West Virginia

If you’ve been arrested for drug DUI in West Virginia, it’s essential to know that mistakes made in the aftermath can significantly impact your case. The Wagner Law Firm is here to help you navigate this challenging situation and provide guidance when you have questions about your criminal charge.

Talking to Law Enforcement Without Legal Counsel

One of the most significant mistakes individuals make is speaking with law enforcement without legal representation. Anything you say to the police can be used against you in court, so it’s crucial to exercise your right to remain silent until you’ve consulted with an attorney. The Wagner Law Firm can advise you on when and how to communicate with authorities.

Failing to Gather Evidence

After a drug DUI arrest, it’s essential to collect evidence that could be beneficial to your case. This may include photographs of the scene, witness statements, or any other relevant documentation. Our experienced attorney can help you identify and secure crucial evidence, strengthening your defense.

Missing Court Dates

Missing a court date is a serious error that can lead to additional legal trouble, including the issuance of a warrant for your arrest. The Wagner Law Firm will assist you in keeping track of court dates and help you prepare for your appearances, so that you are well-prepared and punctual.

Delaying Legal Representation

Procrastination in seeking legal counsel is another common mistake. The sooner you contact us at The Wagner Law Firm, the better we can protect your rights and build a strong defense for your case. Don’t wait to secure professional legal guidance.

How The Wagner Law Firm Can Help

Free Consultations

We offer free initial consultations, allowing you to discuss your case, ask questions, and get a clear understanding of your legal situation without financial obligation.

Legal Experience

Our attorney has extensive experience with drug DUI cases in West Virginia and will provide you with knowledgeable guidance to make informed decisions.

Protection of Your Rights

We’ll fight so that your rights are protected, preventing self-incrimination and advocating for fair treatment throughout the legal process.

Strong Defense

Our legal team will build a strong defense strategy tailored to your case, striving for the best possible outcome, whether it’s a reduced sentence, dismissal of charges, or an acquittal. Avoiding common mistakes after a drug DUI arrest in West Virginia is crucial for securing a positive outcome in your case. The Wagner Law Firm is dedicated to providing you with the support and guidance you need during this challenging time.

West Virginia Drug DUI Client Story

This client story is for educational purposes only. Oliver found himself trapped in a seemingly endless nightmare. Arrested for drug DUI in West Virginia, he felt lost, overwhelmed, and terrified of the uncertain road ahead. Oliver knew he needed a guide, a steadfast hand to lead him through the maze of the legal system, and that’s when he discovered Harley Wagner, a compassionate and experienced attorney at The Wagner Law Firm. From the very first meeting, Oliver felt a glimmer of hope. Harley Wagner’s warm and reassuring demeanor immediately put him at ease. They sat in Harley’s office, and Oliver’s worries were met with empathy, understanding, and a commitment to justice. Harley listened attentively to Oliver’s story, taking in every detail of the night that had led to the fateful arrest. Harley began to craft a defense that would challenge the charges against Oliver. As the case unfolded, Harley’s legal experience became evident. He meticulously reviewed the evidence, raising questions that had never been asked before. He unearthed inconsistencies and errors in the police report, casting doubt on the validity of the arrest. He used his extensive knowledge of West Virginia’s drug DUI laws to build a defense that was both compelling and persuasive. The day of the trial arrived, and Oliver was a bundle of nerves. But he knew that Harley was standing by his side, and when the verdict was finally announced, the weight that had been bearing down on Oliver for so long began to lift. Not guilty. Tears welled up in Oliver’s eyes as the truth prevailed. He had been found not guilty of the charges that had threatened to destroy his life. As he walked out of the courtroom, Oliver felt a newfound sense of hope and redemption. He knew that, with the support of The Wagner Law Firm and the relentless dedication of Harley Wagner, he could rebuild his life. If you find yourself facing a drug DUI charge in West Virginia, remember that there is hope. The Wagner Law Firm and Harley Wagner are here to help you find your way back to a brighter future.

If you or a loved one is facing a drug DUI charge in West Virginia, The Wagner Law Firm is here for you. Our dedicated team, led by Harley Wagner, is committed to fighting for your rights, protecting your future, and pursuing the best possible outcome for your case. Our firm offers free consultations to help you understand your legal options and discuss your concerns without any financial obligation. When you choose The Wagner Law Firm as your legal representation, you are choosing a team that will work tirelessly on your behalf. Don’t face your drug DUI charge alone; trust The Wagner Law Firm to stand by your side and advocate for your rights. Together, we can work towards securing the best possible outcome for your case.