Dale v. McCormick (Per Curiam Opinion)
Annotate this CaseRespondent's vehicle was stopped for swerving and crossing the centerline. Respondent then failed three field sobriety tests and was arrested for driving under the influence. While in the town hall, the officer performed a chemical test of Respondent's breath, and the results indicated Respondent had a blood-alcohol content level of 0.105. Respondent's driver's license was subsequently revoked for six months. The circuit court reversed the Division of Motor Vehicle's (DMV) order and reinstated Respondent's revoked driver's license, concluding that the DMV's revocation order was biased, prejudicial, and reached in a preconceived manner. The Supreme Court reversed and remanded for reinstatement of the revocation order, holding that the facts provided sufficient evidence to support the conclusion that Respondent was driving a motor vehicle while under the influence of alcohol and thus represented an adequate basis for the DMV to revoke Respondent's driver's license.
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