Pat Reed, Commissioner of the WV DMV v. Joseph M. Winesburg

ARMSTEAD, Justice:

*87 The Office of Administrative Hearings ("OAH") entered an order affirming the revocation of Respondent Joseph Winesburg's ("Mr. Winesburg") driver's license for driving under the influence of alcohol ("DUI"). The circuit court reversed the OAH's order, ruling that there was no "lawful evidence" that Mr. Winesburg was under the influence of alcohol when he was arrested for DUI. It determined that "[b]ecause Mr. Winesburg was not lawfully arrested, any secondary chemical test was not lawfully administered." Mr. Winesburg's secondary chemical test following his arrest revealed…