Butcher v. Miller

The Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as the “Commissioner”) suspended the driver’s license of Michael Butcher, after conducting a hearing in which it was determined that Mr. Butcher unjustifiably refused to take a chemical breath test. The circuit court affirmed the suspension. This Court was asked to determine whether Mr. Butcher was prejudiced by deputy S.G. Kastigar’s use *18of the word “may” instead of the word “will,” when the officer advised Mr. Butcher of the consequences of refusing to take a chemical breath test. The majority opinion…