State v. Vandall

This appeal necessitates an interpretation of the enhancement provisions of the West Virginia drunk driving statute, W.Va.Code, 17C-5-2 (1976). Specifically, the question presented is whether a prior drunk driving conviction obtained under a municipal ordinance may be used to enhance the penalty imposed under W.Va.Code, 17C-5-2 (1976), for a conviction of drunk driving. We hold that it may not.

The defendant, John E. Vandall, was charged with violating W.Va.Code, 17C-5-2 (1976), which prohibits driving a motor vehicle while under the influence of alcohol. He was tried before a jury in the…