State ex rel. W. Va. Dept. of Motor Vehicles v. Hillyard

MILLER, Justice:

The Department of Motor Vehicles (hereinafter DMV) contends that the Circuit Court of Wood County erred when it set aside the administrative revocation of ap-pellee’s license to operate a motor vehicle. The circuit court held that W.Va.Code, 17C-5-7 (1981), requires that an arresting officer give “a written statement advising him [the person under arrest] of the possible criminal and civil penalties, for such refusal,” and therefore an oral statement or warning was not sufficient.

The provisions of W.Va.Code, 17C-5-7 (1981), refer to the administration of what is termed…