In Re Burks

STARCHER, Chief Justice:

I

Facts & Background

On December 26, 1997, the appellee, Dennis H. Burks (“Burks”), was arrested in Beekley for driving under the influence of alcohol (“DUI”) by Deputy L.D. Lilly of the Raleigh County Sheriffs Department. After failing field sobriety tests administered by Deputy Lilly, Burks was taken to a police station and given a chemical breath test, which registered an alcoholic concentration in the appellee’s blood of 14 hundredths of one percent (.14), by weight. The legal limit is 10 hundredths (.10). From the police station, Burks called his attorney. Following…