In re McKinney

Justice MAYNARD delivered the Opinion of the Court.

Chief Justice ALBRIGHT and Justice STARCHER concur, in part, and dissent, in part and reserve the right to file separate opinions.

MAYNARD, Justice.

Appellant F. Douglas Stump, Commissioner of the West Virginia Division of Motor Vehicles, appeals the November 17, 2004 order of the Circuit Court of Raleigh County that reversed an administrative driver’s license revocation. For the reasons that follow, we reverse the circuit court’s order.

*559I.

FACTS

Scott A. McKinney, Appellee herein, was convicted of driving under the influence (hereafter “DUI”) on…