889 S.E.2d 276
W. Va.2023Background:
- At ~3:00 a.m. on April 13, 2019, officer observed Clint Casto park diagonally at a convenience store, exit his running vehicle, appear unsteady, enter and leave the store without purchasing anything.
- Officer administered a preliminary breath test (0.00) and several field sobriety tests; HGN showed no impairment, but Casto performed poorly on the one-leg stand and walk‑and‑turn; two additional drug-detection field tests indicated a "high probability of impairment."
- Casto was arrested and submitted to a secondary chemical test (blood). The State Police ran a 90‑panel blood screen; all results were negative for controlled substances and drugs.
- DMV administratively revoked Casto’s license for driving while under the influence of controlled substances or drugs, relying on officer observations and field test results; OAH and the Circuit Court of Kanawha County affirmed the revocation.
- Casto appealed to the Supreme Court of Appeals of West Virginia; the Court concluded the record lacked evidence that Casto ingested drugs or controlled substances and reversed, ordering rescission of the revocation and reinstatement of his license.
Issues:
| Issue | Plaintiff's Argument (Casto) | Defendant's Argument (DMV) | Held |
|---|---|---|---|
| 1. Was there sufficient evidence that Casto drove while "under the influence" of drugs/controlled substances? | Negative blood test, no admission, possible physical/injury and footwear issues affecting FSTs; officer observations insufficient | Field sobriety failures and officer's drug-detection training/observations suffice to show impairment | Reversed: DMV failed to prove ingestion/use of drugs; without evidence of use + impairment, revocation unsupported |
| 2. Should revocation be vacated because case remained pending after OAH dissolution? | Argued revocation should be vacated for that procedural reason | DMV said procedural point did not warrant reversal | Not decided as dispositive; court did not reach because first issue resolved the case |
Key Cases Cited
- Shepherdstown Volunteer Fire Dep’t v. State ex rel. W. Va. Hum. Rts. Comm’n, 172 W. Va. 627 (1983) (standard for circuit‑court review of administrative orders).
- Muscatell v. Cline, 196 W. Va. 588 (1996) (appellate review: questions of law de novo; factual findings given deference).
- State ex rel. Cohen v. Manchin, 175 W. Va. 525 (1984) (rules of statutory construction; give effect to every word).
- Albrecht v. State, 173 W. Va. 268 (1984) (administrative revocation supported where evidence shows operation, intoxication symptoms, and consumption).
- White v. Miller, 228 W. Va. 797 (2012) (HGN insufficient alone; additional corroborating evidence required for revocation).
- Webb v. W. Va. Bd. of Med., 212 W. Va. 149 (2002) (credibility determinations by administrative factfinder entitled to deference).
- Francis O. Day Co., Inc. v. Dir., Div. of Env’t Prot., 191 W. Va. 134 (1994) (administrative evidentiary findings should not be reversed unless clearly wrong).