Dale v. Painter (Signed Opinion)
Annotate this CasePetitioner, the Commissioner of the West Virginia Division of Motor Vehicles, revoked Respondent’s drivers license for driving under the influence of alcohol. Following an administrative hearing before the Office of Administrative Hearings (OAH), the chief hearing examiner affirmed the Commissioner’s order of revocation. The circuit court reversed the revocation ordered by the OAH, finding as fact that Respondent requested a blood test and was not provided one in violation of her constitutional and statutory rights. The Supreme Court reversed, holding that Respondent did not satisfy her burden of showing that she properly asserted her statutory right to a blood test, and the circuit court’s order, to the extent that it made findings of fact and conclusions to the contrary, was in error.
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