Miller v. Smith

McHUGH, Justice:

This is an appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter “DMV”), from an order of the Circuit Court of Mason County reversing the administrative license revocation of Mr. David K. Smith. Upon thorough review of the record, arguments of the parties, statutory framework, and relevant precedent, this Court reverses the lower court’s *480order and remands this matter for the entry of an order reinstating the administrative license revocation.

I. Factual and Procedural History

On July 9, 2009, Mr. Smith was stopped and arrested for DUI…