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West Virginia DUI News

Should I Take the WV DUI Breath Test or Refuse?

DUI Refusal in West Virginia NO LONGER Equals Reward! (*More so with WV licensed drivers than out-of-state licensed drivers – read below for further info.) In the Spring of 2016, I wrote an article entitled Refuse No More West Virginia! where I advised citizens that effective June 1, 2016, “refusing” the official breath test at a police station after you were handcuffed and arrested for a West Virginia DUI was no longer as favorable a choice as it once was. I ... Read More »

WV DUI Drugs Cases Are on the Rise

DUI drugs (DUID) cases are on the rise in West Virginia, as more and more citizens make the decision to drive after taking either their prescription medications, or illegal drugs like marijuana and methamphetamine, or “meth.” While DUI alcohol is still the most common impaired driving offense across the state, prescribed drugs DUI has experienced a definite upward trend. Drug impaired driving will only get worse. WV DUI drugs lawyer Harley Wagner knows WV DUI drugs law very well. A ... Read More »

Refuse No More West Virginia!

Beginning at 12:01 a.m., June 10, 2016 a citizen arrested for DUI 1st offense in West Virginia, who “refuses” secondary chemical testing at the police station post arrest (i.e. refuses to blow into the breath machine) will no longer be rewarded with the option of entering into the West Virginia Deferral Program that can result in the citizen’s case being fully dismissed and the record of arrest fully expunged. In 2010, the West Virginia legislature enacted WV Code 17C-5-2b, commonly ... Read More »

An Open Letter to the West Virginia House of Delegates

Dear Delegates: My name is Harley Wagner. I come to each of you first and foremost as a birth citizen of West Virginia, a husband, a father of two young sons, a taxpayer and a lifelong resident of Berkeley County and the eastern panhandle. Secondarily, I come to each of you as a licensed attorney in West Virginia and 20 year practicing member in the West Virginia criminal justice system. I wanted to take a moment of your respective time ... Read More »

New 2015 West Virginia DUI Laws

In an on-going effort to keep our citizens apprised of any and all legislative changes with DUI laws in West Virginia, The Wagner Law Firm, West Virginia’s only exclusive DUI Defense Firm, owned and operated by West Virginia DUI Attorney, Harley Wagner, wants to take this Blog opportunity to update my fellow citizens on recent changes to West Virginia DUI laws that were voted into law by our 2015 West Virginia legislature, signed by Governor Tomblin and to which will ... Read More »

New DUI Bills presented by the 2015 West Virginia Legislature

In an on-going effort to keep the public informed on all topics related to DUI laws and topics in the State of West Virginia, The Wagner Law Firm, West Virginia’s only exclusive DUI Defense Firm, is writing this particular blog to advise the public of some significant DUI bills that have been presented to the 2015 West Virginia legislature that, if passed, will fundamentally alter current West Virginia DUI laws in very dramatic ways. First, House Bill 2665, (sponsored by ... Read More »

New Interlock law coming to West Virginia

Here at DUINewsBlog.org, Harley Wagner, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, constantly strives to bring readers the most current and up to date information on DUI related topics around his home state of West Virginia and throughout the nation generally. This latest blog centers around a new West Virginia Interlock law that was passed by the West Virginia legislature on March 8, 2014 and will become effective law throughout West Virginia, June 8, 2014. This new ... Read More »

Latest battle with the West Virginia DMV

A couple weeks ago, I had the privilege of appearing in Kanawha County Circuit Court, in front of the Honorable Judge Bailey, on behalf of a fellow West Virginia citizen who had been accused of driving under the influence in the Fall of 2011. The nature of my appearance was in regards to a Writ of Prohibition appellate action that I had filed on behalf of said citizen against the West Virginia Division of Motor Vehicles (WV DMV) seeking to have the ... Read More »

Burden of Proof in a criminal case

With all of the recent national media attention to the jury verdict in the George Zimmerman case, I, and The Wagner Law Firm, thought it prudent to remind, or in some cases teach, our DUINewsBlog.org readership what the actual burden of proof is in a criminal case in a United States courtroom, what it means and the burden therein our government bares in proving their case. The burden of proof the government bares in a criminal case is called, “proof beyond a reasonable doubt.” This burden ... Read More »