Members

Harley O. Wagner is the founder and owner of The Wagner Law Firm, which holds the distinction of being West Virginia's only exclusive DUI defense law firm. A native of the eastern panhandle of West Virginia, Wagner graduated from West Virginia University with a Bachelor of Science in journalism in 1990 before earning his Juris Doctor from Thomas M. Cooley School of Law in Lansing, Michigan in 1995. Wagner began his legal career as an assistant prosecutor in Clarksburg, West Virginia, where he developed a friendship with Jim Matish, described as "West Virginia's preeminent DUI defense attorney," who later became a Judge for the Fifteenth Judicial Circuit in Harrison County. In February 2010, Wagner, along with his longtime paralegal and close friend Heather McCoy, established The Wagner Law Firm after transitioning from the Joye Law Firm, where he had been personally recruited in 1999 by firm founder Reese Joye, nationally regarded as the "dean of DUI defense." Throughout his career spanning more than 24 years, Wagner has defended over 3,000 DUI cases across 54 of West Virginia's 55 counties, handling everything from first-offense misdemeanors to complex DUI homicide cases. His expertise is backed by over 800 hours of specialized DUI defense training, including certification as an administrator and instructor on standardized field sobriety testing, which has enabled him to train numerous attorneys and law enforcement officers at local, state, and national levels. Wagner is one of only two people in West Virginia who are not members of law enforcement to be trained as breath test operators. He is also trained in the Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Evaluation protocols. Wagner is a founding member and past president (2020-2021) of the national DUI Defense Lawyers Association, which he helped establish in 2014. He is also a lifetime sustaining member of the National College for DUI Defense, where he served on the faculty and as West Virginia's state delegate for over a decade, and is co-founder of the West Virginia DUI Defense Lawyers Association. Wagner authored "West Virginia DUI Defense, The Law and Practice," which is widely considered the definitive handbook for magistrates, judges, defense attorneys, prosecutors, and law enforcement throughout the state. He is currently working on the second edition of this authoritative resource. Wagner's legal acumen has led to numerous successful case outcomes, including dismissals and not guilty verdicts in challenging cases such as felony DUI causing death charges and DUI second offenses. His excellence has been recognized through his selection for inclusion in West Virginia Super Lawyers for eight consecutive years (2014-2025), an AV Preeminent Rating from Martindale-Hubbell, and a perfect 10.0 rating from Avvo. On the personal front, Wagner married "the love of his life," Shauna, in 2000, and they have two sons, William Harley and Wesley Thomas, along with a black Labrador retriever named Max. Wagner describes his family and their time together as his "singular and #1 hobby," whether it's vacationing, helping to coach his sons' basketball teams, or simply enjoying quality family time at home.

West Virginia University (86-90) BSJ Thomas M. Cooley School of Law (93-95) JD