Dale v. Oakland, 763 S.E.2d 434

Officer observed stop sign violation by Oakland in Moundsville, leading to a traffic stop.
Officer detected a strong odor of marijuana from Oakland’s vehicle before lights were activated.
Oakland admitted to smoking marijuana in the car and retained a joint; he did not testify at the OAH hearing.
The OAH upheld revocation for DUI of controlled substances; the circuit court reversed, calling the findings arbitrary and lacking foundational support.
The issue of whether an arrest is required for suspension under WV Code § 17C-5A-2(f) was raised; the blood test results were not admitted below.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for DUI by marijuana	Oakland drove under the influence not proven	Commissioner had adequate evidence including odor/admission	Circuit court erred; substantial evidence supports revocation
Admissibility and weight of field sobriety tests and officer credentials	Tests are valid indicators and officers were qualified	Record shows officers’ credentials and training	Hearing examiner’s findings supported by substantial evidence; circuit court abused discretion
Arrest prerequisite for license suspension	Arrest not strictly required; custody for secondary test valid	Legislation requires arrest or custodial purpose for test	Authority to suspend valid; statute interpreted to permit lawful custody for secondary test
Impact of non-admission of blood test results	Blood test results not admitted; otherwise evidence supports DUI	Admissibility not required to support revocation; other evidence sufficient	Revocation sustained absent need to admit blood test results

Muscatell v. Cline, 196 W.Va. 588 (1996) (standard of review for administrative orders; deference to agency findings)
White v. Miller, 228 W.Va. 797 (2012) (admissibility and credentials required for SFST testimony; weight vs. admissibility)
Dale v. McCormick, 231 W.Va. 628 (2013) (admissibility and weight of SFST evidence; officer credentials inquiry)