West Virginia Aggravated DUI Lawyer

At The Wagner Law Firm, our experienced West Virginia aggravated DUI lawyer 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.

What is an Aggravated DUI in West Virginia?

Drunk driving is rarely just drunk driving in West Virginia, and depending on the type of charges against you, you might face more severe legal action. So, what are these categories of DUIs and, more specifically, what is an aggravated DUI?

Aggravated DUIs in West Virginia

An aggravated DUI is a genre of charges that focuses more on other contributing factors and BAC. Blood alcohol concentration or BAC refers to the percentage of alcohol in your blood and is a key factor in any DUI case.

While a BAC above 0.15% is enough to get you in trouble, other issues must contribute to the incident for it to become an aggravated charge. For example, speeding while under the influence can be charged not only as reckless driving, but also as an aggravated DUI.

Other aggravating factors may include:

• Minor passengers
• Injuries to another motorist
• Driving with a suspended license
• Death as a result of an accident caused by driving under the influence

Especially in cases involving death and/or injury, convicted motorists face harsh penalties and could have their license permanently revoked. There is also a risk of the charges shifting from a misdemeanor to a felony, which may be the difference between fines and jail time.

Why Are Aggravated Charges Different?

Over 30 years ago, the National Highway Safety Administration pushed for legislation that would provide harsher penalties for accidents involving drivers with a high BAC. Law enforcement officers were encouraged to use a post-arrest forensic breath alcohol test as critical evidence in the case.

As a result of the NHSA’s efforts, states adopted aggravated DUIs into the legal lexicon and have been ruthlessly prosecuting them ever since. Most of the research behind the NHSA’s campaign focused on the increase in fatalities among motorists with a BAC above 0.08%.

Penalties for Aggravated DUIs

In West Virginia, drivers charged with an aggravated DUI may face the following:

• License suspension
• Jail time up to six months
• Fines
• Mandatory ignition interlock device installation

The degree of punishment you face depends on your record – how many DUIs you’ve had previously. If this is your first offense, the court may choose punishments like driving school and license suspension as a way to reform your driving habits.

Consecutive DUIs or a long record of drunk driving charges may quickly change your situation from bad to worse. As with most crimes in the aggravated category, a history of repeat offenses makes the court less inclined to show mercy.

Can I Fight Aggravated DUI Charges in West Virginia?

The good news is that you can fight back. Whether you are accused of an aggravated charge or another type of DUI, hiring an experienced lawyer is the best way to fight for your freedom.

The law views driving as a privilege not a right, which means if you break the law you forfeit that privilege. At The Wagner Law Firm, we believe that while it is a privilege to drive on the open road, one mistake shouldn’t strip you of your freedom forever.

That’s why we are the premier DUI law firm in West Virginia. We specialize in drunk driving cases and our narrow focus allows us to provide highly strategic legal solutions to your unique case. From drug DUIs to felony cases, our team is prepared to investigate the circumstances surrounding your case, and build a strong defense on your behalf.

Understanding Aggravated DUI Charges in West Virginia

In West Virginia, the legal system imposes more severe penalties for individuals found guilty of an aggravated DUI versus a non-aggravated DUI, regarding both the possible sentence one can face as well as more severe driver’s license consequences. A West Virginia aggravated DUI charge is one where the citizen’s blood alcohol concentration (BAC) is alleged to be above a .15 versus a non-aggravated DUI charge where the BAC is alleged to have been above the legal limit of .08 but below a .15 BAC.  Navigating through the complex legal proceedings associated with aggravated DUI requires a knowledgeable and experienced legal representative to safeguard your rights and advocate on your behalf.

Increased Penalties

Aggravated DUI charges often come with enhanced penalties compared to those for a standard DUI, leading to potentially longer jail sentences and steeper fines.

License Suspension

An aggravated DUI conviction may result in a suspended driver’s license, making it challenging to commute to work, school, or fulfill other essential responsibilities. You may be eligible for restricted driving privileges with an interlock alcohol detection device installed in your vehicle to continue lawfully driving. The Wagner Law Firm possesses the knowledge and experience to guide you through this complicated process.

Ignition Interlock Device Requirement

In certain cases, the court may require the installation of an ignition interlock device, which can impact your daily life and impose additional costs.

Why Choose The Wagner Law Firm for Your Defense?

At The Wagner Law Firm, we recognize the gravity of aggravated DUI charges and their potential long-term consequences. Our experienced West Virginia aggravated DUI lawyer has a deep understanding of the local legal landscape, and we are committed to guiding you through the intricate court and administrative processes. With our comprehensive knowledge and tailored legal strategies, we aim to maximize your chances of securing a favorable outcome.

Contact us today for a free consultation, and let us help you navigate through this challenging time with the support and legal experience you deserve. With The Wagner Law Firm on your side, you can take steps towards protecting your rights and securing a more favorable future.

Common Mistakes to Avoid After an Aggravated DUI Arrest in West Virginia

Facing an aggravated DUI charge in West Virginia can be a daunting experience. The decisions you make after your arrest can significantly impact the outcome of your case. To help you navigate this challenging situation, it’s essential to be aware of the common mistakes people often make and how The Wagner Law Firm can guide you to make informed choices.

Not Seeking Legal Counsel

One of the most significant mistakes you can make after an aggravated DUI arrest is failing to seek legal counsel to fully understand the charges against you, your rights, and the potential consequences. The Wagner Law Firm is here to offer a free consultation, where we can answer your questions and provide valuable insights into your case.

Talking to the Police Without Legal Representation

Engaging in conversations with law enforcement officers without the presence of an attorney can be risky. Anything you say can be used against you in court. It’s crucial to exercise your right to remain silent and have an attorney present during questioning to protect your interests.

Failing to Understand Your Rights

Many individuals aren’t fully aware of their legal rights after an aggravated DUI arrest. The Wagner Law Firm can educate you on your rights, helping make sure that you are treated fairly and in accordance with the law throughout the legal process.

Not Complying with Court Orders and Conditions

After an aggravated DUI arrest, the court may impose specific conditions and orders, such as mandatory alcohol education programs, probation, or ignition interlock devices. Failing to comply with these requirements can lead to further legal consequences. Our legal team can help you understand and meet these obligations.

How The Wagner Law Firm Can Assist You

When you’re facing an aggravated DUI charge in West Virginia, The Wagner Law Firm is here to provide you with the support and experience you need to navigate this challenging situation. We offer a free consultation to answer your questions and help you make informed decisions about your case. Our dedicated legal team will work tirelessly to protect your rights and explore every available option for a favorable outcome.

Whether you’re unsure about the charges against you, need guidance on your rights, or want assistance in understanding and complying with court orders, we have the knowledge and experience to assist you. Don’t make the mistake of facing an aggravated DUI charge alone; reach out to The Wagner Law Firm.

West Virginia Aggravated DUI Client Story

This client story is for educational purposes only.

Imagine the weight of the world crashing down on you, the suffocating feeling of despair, the consequences looming like an ominous storm. This was the reality for Peter, a man who had recently been arrested for aggravated DUI in West Virginia. But Peter found a compassionate advocate: lawyer Harley Wagner from The Wagner Law Firm.

Peter faced the looming possibility of severe penalties, including substantial fines, potential incarceration, and a criminal record. His driver’s license hung in the balance, and his future seemed uncertain.

In the midst of his turmoil, Peter made the life-changing decision to seek legal representation, and that’s when he found The Wagner Law Firm.

Harley was more than just a lawyer; he was a guide through the treacherous legal terrain. He took the time to listen to Peter’s story, empathized with his fear, and pledged to fight for his future. Together, they embarked on a journey to clear Peter’s name, starting with a robust defense strategy.

Harley tirelessly worked to ensure that Peter’s rights were upheld and that every detail of the case was examined. His dedication and experience unraveled the complexities of the aggravated DUI charge, dismantling the prosecution’s case piece by piece.

With meticulous attention to detail, Harley presented a compelling defense that cast reasonable doubt upon Peter’s guilt. And then came the moment of truth. The verdict was in, and the weight of the world once again hung in the balance. Peter held his breath. And then, like a miracle, the words rang out: “Not guilty.”

The courtroom erupted in a mix of joy and relief. Peter was acquitted of his aggravated DUI charges, and his life could now follow a different path, one of redemption, hope, and second chances.

If you find yourself in a situation similar to Peter’s, remember that an advocate is within reach. The Wagner Law Firm, with its experienced team and dedicated lawyer Harley Wagner, is here to fight for you.

If you or a loved one is facing an aggravated DUI charge in West Virginia, you don’t have to navigate this challenging journey alone. The Wagner Law Firm is here to offer you the support and legal experience you need during this critical time.

What You Can Expect from The Wagner Law Firm

Free Consultation

We offer free consultations to discuss the details of your case and answer any questions you may have. During this consultation, we’ll assess the specifics of your situation and provide you with valuable insights.

Comprehensive Legal Support

Our experienced attorney is well-versed in West Virginia’s legal landscape, and we will guide you through the intricate legal proceedings associated with Aggravated DUI charges.

Personalized Defense Strategies

We understand that every case is unique, and we tailor our defense strategies to your individual circumstances. Whether it’s challenging the evidence, questioning the legality of the arrest, or negotiating for reduced charges, we’re committed to pursuing the best possible outcome for you.

Protection of Your Rights

We’ll fight for your rights to be upheld throughout the legal process, advocating for fair treatment and a just resolution of your case.

Facing an aggravated DUI charge can be a daunting experience, but with The Wagner Law Firm by your side, you can take the first steps toward safeguarding your future and finding a way to move forward.

Don’t hesitate to reach out to us and schedule your free consultation. We are here to be your legal advocates, your source of support, and your path to a more promising tomorrow. Contact The Wagner Law Firm today and let us help you chart the course towards a better future.