Overall Rating
This is an aggregated review score of Avvo and Lawyers.com reviews.
This is an aggregated review score of Avvo and Lawyers.com reviews.
5.0 /5.0
223 Client Reviews
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Harley O. Wagner
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About Harley
Biography
Harley O. Wagner is the owner and CEO of The Wagner Law Firm, a statewide, defense law firm based out of Martinsburg, WV that specializes in driving under the influence related cases. Harley has now handled approximately 3,500+ DUI cases in 54 of West Virginia's 55 counties in the past 24+ years. He is a trained and qualified Administer and Instructor on Standardized Field Sobriety testing; a trained and qualified EC/IR II secondary chemical breath test operator; trained in the ARIDE and Drug Recognition Evalution protocols; a Founding member of The DUI Defense Lawyers Association, where he currently serves as President-Elect of the national organization; a Sustaining lifetime member of the National College for DUI Defense; Co-Founder of the West Virginia DUI Defense Lawyers Assocation; Author of West Virginia DUI Defense, The Law and Practice (Laywers & Judges publishing); a national lecturer on DUI defense and a 23 year member of the National Association of Criminal Defense Lawyers. He has attended numerous national DUI Defense and Trial Skills training seminars over the years having now amassed over 800 hours of DUI Defense training. He annually attends two to three nationwide DUI defense training seminars, continually striving to be the finest trained, finest educated DUI defense attorney he possibly can be. Harley also has 26 years of general criminal defense experience and is a former assistant state prosecutor.
Welcome to The Wagner Law Firm. West Virginia's Premier DUI Defense Firm.
The Wagner Law Firm. West Virginia's Premier DUI Defense Firm. Founded by Harley O. Wagner.
Practice Areas
1
Practice Area
DUI and DWI
100%
29 years
Fees and Rates
Cost
Payment Methods
- Cash
- Check
- Credit Card
Awards
2023 2022 2021
...
+
11
Licenses
Licensed in West Virginia for 28 years
State: West Virginia
Acquired: 1997
No misconduct found
Licensed in Pennsylvania for 29 years
State: Pennsylvania
Acquired: 1996
No misconduct found
Location
The Wagner Law Firm
(304) 901-7410
Fax
55 Meridian Pkwy, #102, Martinsburg, WV, 25404
westvirginiaduilawyers.com/Gallery
Online Presence
Other places you can find Harley online.
Harley O. Wagner's Reviews
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Case Results (171)
Advocacy (114)
Recommendation (106)
Practice Area Knowledge (82)
Professionalism (80)
Communication Style (66)
Responsiveness (63)
Staff & Support (54)
General Knowledge (50)
Character & Conduct (45)
Trustworthiness (39)
Compassion (35)
Cost of Services (27)
Free Consultations (4)
Punctuality (4)
Payment Plans (3)
Showing 1 - 3 of 3 reviews | Payment Plans
Posted by anonymous | April 23, 2015 | DUI & DWI
Jimmy, current client
I was in a nightmare situation. I was charged with 3rd offense DUI. I plead guilty to 2nd offense in exchange for 1 year of home confinement. I worked out of state for 2 weeks at a time. The problem was that the local sheriff's office could not monitor me across state lines. I had to quit my job. My...
Posted by Amanda | May 29, 2013 | DUI & DWI
Highly recommended by me!
In August of 2011 I got pulled over for a rolling stop a little after 1:00 am. I had definitely been drinking and I surely shouldn't have been driving, but I passed all three field sobriety tests. Then when it came to the breathalyzer-- I failed miserably. I was arrested and at the police station the...
Posted by anonymous | December 21, 2016 | Hired Attorney | DUI & DWI
Whirlwind of disappointment
I hired Mr. Wagner on a first offense DUI. He offered a flat fee arrangement and said he offered full service and had a plan to get my charged reduced or dismissed and then to take care of the license with the DMV. I showed up at court and he had already struck a deal with the prosecutor which i ha...
Harley Wagner
Replied last December 21, 2016My initial reaction was to let this review go without response commentary and let my other 113 reviews and 18+ year DUI Defense resume' and career speak for itself. However, this review is so inaccurate, misleading, and unfair to my staff and I, I ultimately felt a professional, accurate response was appropriate. This client's spouse contacted my law office on 5/16/16 regarding the client's 5/15/16 arrest for DUI 1st offense, possession of crack cocaine and a bottle full of 155 Xanax pills that the client was not prescribed. The allegation was that law enforcement responded to a convenience store parking via a 911 call. Client was alleged to have been in the parking lot with the car running for a period of time and under the influence of drugs (i.e. crack cocaine and Xanax) with crack cocaine smoking paraphernalia, crack cocaine and the pills located in the vehicle. I spoke to the client and spouse the same day the spouse called in to my law office for a consult. One of the things I immediately pointed out was that due to the client's driver's license address being inaccurate on the license in name and address that the client needed to asap get out to the local DMV detachment to get a new, accurate driver's license and to contact the WV DMV headquarters in Charleston to provide the accurate address. I explained that the reason for this was the an Order of Revocation was going to be coming to this client to the address on the license registered mail in 3-4 weeks and if returned and not signed for, the client would become suspended without the ability for me to challenge the WV DMV seeking to suspend the client's license. Fast forward to 6/10/16, when the spouse contacted my law office to advise that they now had the initial engagement payment funds together to formally hire my law office to represent, which was done on 6/14/16, when met with both at my law office. As an aside, part of this client's bond conditions, due to the nature of the allegations, was that this client was to report to the county Day Report Center weekly on a random called basis for urinalysis and counseling while the client's case was pending. Upon being hired, and within five days of being hired, I contacted the Day Report Center Director, and got the reporting set a date and time certain so that my client could travel out of state for some significant heart/medical issues and on-going treatment. I also had my staff immediately correspond with the WV DMV for the accurate license information update as I was concerned that due to the client and spouse taking a month since first talking with me to formally hire that the suspension notice had been sent and returned. It was subsequently confirmed that this is indeed what occurred and thus my ability to challenge the 90 day suspension of the client's driver's license was now compromised for failure to handle as I advised. I made clear that under no circumstances until the mandatory dui classes were completed, a $50 reinstatement fee paid to the DMV and passage of 90 days NO driving or will be arrested and charged with driving on a license revoked for DUI. Fast forward to 9/6/16, criminal court where I orchestrated a HIGHLY favorable result for this client, to wit: DUI DISMISSED, yes that's right DISMISSED, with a guilty plea to two counts of simple misdemeanor possession of illegal controlled substances with a $100 fine on each and two years "unsupervised" probation, with the ONLY condition being no further criminal violations of law during this period. No reporting to anyone. No urinalysis. No community service. Nothing. Just don't get re-arrested. *I also gave the client a ride home from court as did not have a ride, as spouse was working and took a taxi to court! On 10/11/16, spouse called my law office to advise client had been arrested for driving on a license revoked for DUI, which I told the client NOT to do until fully reinstated by the WV DMV. THAT is the real story and so disappointing.
Harley O. Wagner's Lawyer Endorsements
"Harley Wagner is, in my opinion and that of his peers, the most experienced and knowledgeable DUI attorney in West Virginia. A prominent member of the National College for DUI Defense, his contributions to the profession are well-known and his reputation in the legal community is outstanding . I endorse him without reservation."
"Mr. Wagner is THE attornney for DUI work in West Virginia. His knowledge and skill level is so high that he was asked by James Nesci, one of the top DUI attorneys in the nation, to co-write the West Virginia DUI book. If I needed an attorney Harley is thhe only one I would call."
"I have practiced in the area of Driving Under the Influence defense for over two decades and I can honestly say that you will not find a more qualified, talented, honest or exceptional lawyer than Harley. Harley is a leader in every possible meaning of the word. Whether it is in court or with organizations, he exemplifies quality and substance. I have personally witnessed presentations to the National College of DUI Defense and Driving Under the Influence Defense Lawyers Association. Unbelievably gifted communicator. If you are seeking counsel in a case involving Driving Under the Influence, and I believe I can speak for the entire DUI bar in the United States, you could do no better than trusting Harley. I can provide no higher praise than to tell you that if I was arrested anywhere near where Harley travels, I would pay whatever it took to put him in my corner. He's worth EVERY penny!"
"Mr. Wagner is a nationally recognized powerhouse in the area of DWI Defense. He is active in a number of leading industry-related organizations, where he is a wonderful resource for attorneys who want to develop their skills. He constantly uses his reputation, knowledge, and experience for the benefit of his clients. I highly recommend Mr. Wagner to anyone, anywhere in West Virginia who is facing the difficulties of a pending DWI charge."
"Harley is THE guy for DUI defense, without any doubt. He works tirelessly for his clients and knows the law and the system."
"I endorse this lawyer. The go-to DUI defense lawyer in West Virginia."
"I endorse this lawyer."
"I endorse Harley Wagner for his skills and experience in successfully defending DUI/DWI cases."
"I endorse this lawyer."
"Great respect goes to Harley Wagner, and not just by me, but from the top attorneys around the Country."
"My experience with Harley is through the National College for DUI Defense, where he is a highly respected member. I have also met and seen Harley at numerous DUI related CLEs around the country. I highly recommend him as DUI attorney."
"I have gotten to know Harley through the National College for DUI Defense. His reputation preceeds him. I have referred clients to Harley with no reservation. I endorse and recommend this lawyer."
"Mr. Wagner is one of the most helpful lawyers on the National DUI Defense email list serve. I read everything the man writes because he knows his DUI stuff. You ought to feel fine after you hire him because he's great."
"I endorse this lawyer. Harley knows DUI law in WV."
"Harley O. Wagner's is forceful defender of those accused. He is an active member in the National College for DUI defense. Harley is a strong family man and from what I have seen he takes his clients in as if they are family. He treats them with respect and appreciation. He is tireless in his defense of these individual. If I or a loved one got in trouble in West Virginia Harley would be my first call. He will protect you as if you are part of the family."
"I endorse this lawyer."
"I met Harley at rigorous DUI Defense training conducted at Harvard Law School. Harley is a leader in the national DUI defense community. He wrote "the book" for West Virginia DUI defense. I highly recommend that any person charged in West Virginia with DUI seriously consider hiring Harley."
"Mr. Wagner is simply a phenom in the courtroom. I routinely seek his counsel and mentorship in my own DUI practice. I would describe his ability to communicate and persuade as one of the best I have ever come across. Few lawyers, nationally speaking, have the entire package: energy, sincere empathy for his clients, mental acuity, ability to articulate, social intelligence, virtual expertise in the highly specialized field of DUI/DWI defense... I can't say enough. This attorney is one of the best DUI trial lawyers in the country, hands down. I proudly endorse the man."
"Hands down, the guy in West Virginia I send everyone to."
"Mr. Wagner has always been a leader in West Virginia DUI defense. He is a highly respected voice in the national community of DUI lawyers. In addition, to being on the cutting edge of DUI defense, Mr. Wagner is well known to be friendly and generous with his advice and time. There is no better lawyer in West Virginia to defend a DUI case."
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Experience
Honors
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Super Lawyer, Super Lawyers
2018
Super Lawyer, Super Lawyers
2018
Super Lawyer - Virginia/West Virginia, Super Lawyers Magazine
2018
AV Preeminent Rating, Martindale-Hubbell®
2017
Super Lawyer - Virginia/West Virginia, Super Lawyers Magazine
2017
Best DUI Attorney, The Journal Newspaper
2017
Super Lawyer, Super Lawyers
2016
Super Lawyer - Virginia/West Virginia, Super Lawyers Magazine
2016
Best DUI Attorney, The Journal Newspaper
2016
Super Lawyer, Super Lawyers
2015
Best DUI Attorney, The Journal Newspaper
2015
West Virginia Super Lawyer 2015, Virginia/West Virginia Super Lawyers
2015
Super Lawyer, Super Lawyers
2014
Super Lawyer, Super Lawyers
2014
Best DUI Attorney, The Journal Newspaper
2014
"10 Best" in WV, American Institute of DUI/DWI Attorneys
2014
Top 100 Trial Lawyers, Trial Lawyers Association
2014
West Virginia Super Lawyer 2014, Virginia/West Virginia Super Lawyers
2013
"Best Attorney" - Annual Readership Poll, The Journal Tri-State Newspaper
2013
Appointed as Faculty Member to NCDD, National College for DUI Defense
2012
"Best Attorney" - Annual Readership Poll, The Journal Tri-State Newspaper
2012
West Virginia Super Lawyer 2012, Super Lawyers
2012
Super Lawyer, Super Lawyers
2012
Certificate of Teaching - Cross Examination Techniques, Ohio Association of Criminal Defense Lawyers (Annual DUI Seminar)
2011
Certificate of Teaching - Field Sobriety Administration Course, Robert F. LaPier & Associates
2011
"Best Attorney" Harley O. Wagner, The Journal newspaper reader's choice: Best of the Best
2011
Certificate of Appreciation - Lecturer Advanced DUI Seminar, Ohio Association of Criminal Defense Lawyers
2010
"Best Attorney" Harley O. Wagner, The Journal Newspaper Reader's Choice, Best of the Best
2010
Certificate of Appreciation - Instructor / Summer Program, National College for DUI Defense
2010
Certificate of Appreciation - Speaker / Winter Program, National College for DUI Defense
2009
Sustaining Lifetime Membership (for excellence in DUI Defense), National College for DUI Defense
2009
"Best Attorney" (co-shared w/ fmr. partner), The (Martinsburg) Journal Newspaper (tri-state readership poll)
2009
DUI Committee - National Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers
2008
"Best Attorney" (co-shared w/ fmr. partner), The (Martinsburg) Journal Newspaper (tri-state readership poll)
2008
Certificate of Teaching - Field Sobriety Administration Course, Robert F. LaPier & Associates
2004
Top Instructor - Standardized Field Sobriety Instructor Course, Robert F. LaPier & Associates
2003
West Virginia State Delegate, National College for DUI Defense
2001
Acceptance of Membership, National College for DUI Defense
1997
Acceptance of Membership, National Association of Criminal Defense Lawyers
Work Experience
2010 - Present
Owner/CEO, The Wagner Law Firm
2003 - 2010
Partner, Mills & Wagner (*exclusively handled all DUI work)
1999 - 2003
Associate, Mills & Associates (*exclusively handled DUI work 01' forward)
1997 - 1999
Assistant Prosecutor, Harrison County, WV Prosecutors Office
1996 - 1997
Support Attorney, Martin & Seibert
1996 - 1996
Law Clerk, Bowles Rice
Associations
2018 - Present
Martindale-HubbellAV Preeminent Rating
2014 - Present
Trial Skills UniversityFaculty
2014 - Present
American Chemical SocietyMember
2014 - Present
Trial Lawyers AssociationMember
2014 - Present
DUI Defense Lawyers Association (DUIDLA)Board of Directors / Founding Member
2013 - Present
Better Business BureauThe Wagner Law Firm
2013 - Present
Ohio Association of Criminal Defense LawyersFaculty - DUI Academy
2012 - Present
Super Lawyers, Inc.Super Lawyer
2009 - Present
National College for DUI DefenseSustaining Lifetime Member
2007 - Present
West Virginia DUI Defense Lawyers AssociationCo-Founder
2005 - Present
EC/IR II Intoximeter Breath Test Owners GroupMember
1997 - Present
National Association of Criminal Defense LawyersMember
2001 - 2010
National College for DUI DefenseWV State Delegate
Sample of Legal Cases
State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington
Affirmed - Unanimous, 5-0
WV DMV vs Mark Thompson (WV Supreme Court)
WV Supreme Court Affirmed Circuit Court Ruling.
State v Jock Sanders
Dismissed and expunged from record
Education
2018
DUI Defense Lawyers Association
Certificate of Completion - Spring Program - Ft. Lauderdale, FL
2018
Ohio Association of Criminal Defense Lawyers - Advanced DUI Academy
Instructor/Faculty
2017
DUI Defense Lawyers Association
Certificate of Completion - Fall Program - Charleston, SC
2017
DUI Defense Lawyers Association
Certificate of Completion - Spring Program - Austin, TX
2017
Ohio Association of Criminal Defense Lawyers - Advanced DUI Academy
Instructor/Faculty
2016
DUI Defense Lawyers Association
Certificate of Completion - Summer Program - Denver, CO
2016
Ohio Association of Criminal Defense Lawyers - Advanced DUI Academy
Instructor/Faculty
2016
Roger Dodd Trial Skills Clinic
Trial Skills Clinic
2016
DUI Defense Lawyers Association
DUIDLA Winter Program - Phoenix, AZ
2015
National College for DUI Defense
NCDD Summer Session on the campus of Harvard Law School
2015
National College for DUI Defense
NCDD Winter Session - Orlando, FL
2015
National DUI Defense Lawyers Association
DUIDLA Summer Program - Chicago, IL
2015
Ohio Association of Criminal Defense Lawyers - Advanced DUI Academy
Instructor/Faculty
2014
National College for DUI Defense
NCDD Summer Session on the campus of Harvard Law School
2014
Lone Star DWI: Blood 101 (Austin, TX)
Certificate of Completion
2014
Forensic Chromatography: Principles of DUID II
Certificate of Completion (40 hrs)
2014
Forensic Drug Analysis - Axion Training Institute, Inc.
Certificate of Completion (40 hrs)
2014
National College for DUI Defense
NCDD Winter Session in San Diego, CA
2013
National College for DUI Defense
NCDD Summer Session on campus of Harvard Law School
2013
Ohio Association of Criminal Defense Lawyers - Advanced DUI Academy
Instructor
2013
Joshua Karton Trial Skills Training Seminar
Trial Skills Training
2013
Advaqnced Roadside Impaired Driving Enforcement (ARIDE)
Certificate of ARIDE Training Completion
2013
Drug Evaluation and Classifcation Program (DECP)
Drug Recognition Evaluation (DRE)
2012
National College for DUI Defense
NCDD Summer Session on campus of Harvard Law School
2012
Maryland Criminal Defense Attorneys Association Advanced DUI Seminar
Intoximeter EC/IR II Breath Testing
2012
Terrance McCarthy - Cross Examination Workshop (Tampa, FL)
Cross Examination Skills & Techniques
2011
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2011
Forensic Chromatography: Theory and Practice. Dr. Lee Polite / Professor Harold McNair
Certificate of Completion (40 hour training course)
2011
Terrance McCarthy - Cross Examination Workshop (Chicago, Illinois)
Cross Examination Skills & Techniques
2010
Commuunicating Your Way to an Acquittal
National Association of Criminal Defense Lawyers
2010
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2010
National College for DUI Defense
Certificate of Completion - NCDD Winter Session
2010
Intoximeter EC/IR II Breath Test Training & Education Seminar (Williamsburg, VA)
Intoximeter EC/IR II Breath Test Training & Education
2009
Texas Criminal Defense Lawyers Association / National College for DUI Defense
Mastering Scientific Evidence in Complex DUI/DWI Cases
2009
EC/IR II Intoximeter Operator Breath Testing Course
Qualfied EC/IR II Breath Test Operator
2008
National College for DUI Defense
Certificate of Completion - NCDD Winter Session
2008
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2007
Texas Criminal Defense Lawyers Association / National College for DUI Defense
Mastering Scientific Evidence in Complex DUI/DWI Cases
2007
National College for DUI Defense
Certificate of Completion - NCDD Winter Session
2007
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2006
National Association of Criminal Defense Lawyers / National College for DUI Defense
DWI Means Defend Wtih Ingenuity - Skills That Win Cases
2006
Texas Criminal Defense Lawyers Association / National College for DUI Defense
Mastering Scientific Evidence in Complex DUI/DWI Cases
2006
Nationlal College for DUI Defense
Certificate of Completion - NCDD Winter Session
2006
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2005
Texas Criminal Defense Lawyers Association / National College for DUI Defense
Mastering Scientific Evidence in Complex DUI/DWI Cases
2005
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2005
National College for DUI Defense
Certificate of Completion - NCDD Winter Session
2004
NHTSA Instructor Course - Standardized Field Sobriety Testing
NHTSA Certified Instructor - Standardized Field Sobriety Testing
2003
National College for DUI Defense
Certicate of Completion - NCDD Winter Session
2003
National College for DUI Defense
NCDD Summer Session conducted at the Harvard Law School
2003
NHTSA Standardized Field Sobriety Student Administration Course
NHTSA Certified Standardized Field Sobriety Test Administer
2002
National Association of Criminal Defense Lawyers / National College for DUI Defense
DWI Means Defend With Ingenuity - Skills That Win Cases
2001
National Association of Criminal Defense Lawyers / National College for DUI Defense
DWI Means Defend with Ingenuity
2000
National Association of Criminal Defense Lawyers / National College for DUI Defense
Difficult DUI's & Tragic Consquences
1995
Thomas M. Cooley School of Law
Juris Doctorate (JD)
1990
West Virginia University
BSJ
N/A
National College for DUI Defense
N/A
National College for DUI Defense
DUI/DWI
Speaking Engagements
2016
DUI Defense Lawyers Association - Winter Program
McCarthy Style Cross Examination
2015
NCDD Winter Session - Orlando, FL
15 years of DUI Defense - Some Lessons Learned
2015
Advanced DUI Seminar - Columbus, OH
Cross Examination
2013
Statewide West Virginia Public Defender Conference
DUI Motion Practice / Breath Test Discovery
2011
Standardized Field Sobriety Student Administer Certification Program (co-presenter)
Standardized Field Sobriety Testing - Student Administration Certification Program
2011
Advanced DUI Seminar
Ohio Association of Criminal Defense Lawyers
2010
NCDD Summer Session conducted at the Harvard Law School
Closing Argument Presentation
2010
2010 Winter Seminar
Proper Client Interview Techniques
2010
2010 Summer Session conducted at the Harvard Law School
Co-Instructor: Proper Opening, Closing and X-Exam Techniques
2008
NHTSA Standardized Field Sobriety Student Administer Course
Proper administration of Standardized Field Sobriety Testing
2007
Standardized Field Sobriety Test Administration
Proper administration of standardized field sobriety testing
2007
Mastering Scientific Evidence in DUI cases
DUI Mock Jury Trial
Publications
2010
West Virginia DUI Defense, The Law and Practice
National DUI Defense Book
Languages
English
Activity
Legal Answers
Legal Answers
Q&A
What steps should be taken to find documentation for blo and go completion?
12 Apr 2026
Q&A
How long does a arrest warrant for a DUI stay active in the state of West Virginia Virginia
20 Aug 2025
Q&A
Can an officer give you a DUI when there is no blood test breathalyzer, or field sebrity, test done
27 Jul 2025