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We at The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, strive to constantly provide to inquiring citizens the most up to date, relevant information on the DUI laws of West Virginia and related driving under the influence topics and happenings both in West Virginia and across the nation. Owner and founder of The Wagner Law Firm, West Virginia DUI Defense Attorney, Harley O. Wagner, is the West Virginia contributor for, the nation’s finest DUI blog site. First, an important clarification: I ... Read More »

New DUI Drug Bill Passes

At, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, and that of The Wagner Law Firm founder, and West Virginia’s only exclusive DUI attorney, Harley O. Wagner, strive to keep the public advised of any and all changes to the DUI statutes and laws governing in the state of West Virginia. One very relevant and impactful change to the DUI laws of West Virginia was recently passed by both the House and Senate of West Virginia legislature ... Read More »

“Refusal” the way to go in 2012 West Virginia!

In June of 2010, the West Virginia legislature created an additional component to our DUI statute (WV Code 17C-5-2) known as, “The Deferral Program” (WV Code 17C-5-2b), and therein fundamentally altered the long held addage of always submitting to the breath machine on a first offense case as refusing presented a far greater license suspension consequence to the citizen. This is no longer the case. In theory, the deferral program was designed to afford a citizen accused, who submitted to the ... Read More »

Breath Test Discovery Fight in West Virginia

Currently pending before the Supreme Court of Appeals of West Virginia is the matter of Pamela Games-Neely v JoAnne Overington (Docket No.: 11-1648). I am lead counsel for the Respondent. The central issue before the high court of West Virginia is whether or not a citizen charged with driving under the influence may obtain through discovery request the download data, and accompanying maintenance records and associated operation/training manuals, from the specific Intoximeter EC/IR II breath machine used on the accused ... Read More »