724 S.E.2d 768
W. Va.2012Background
- White was stopped at a sobriety checkpoint in Charleston, WV on July 6, 2007 at 8:22 p.m.
- Officer Lightner detected an odor of alcohol and White’s glassy eyes; White admitted consuming four beers over 1.5 hours.
- White was subjected to three field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) and a preliminary breath test, and reportedly failed all tests.
- Secondary chemical test later showed a blood alcohol content of .076, below the WV statutory limit of .08.
- White has a shorter left leg (about half an inch) and testified the limp could affect balance and test performance.
- The WV Division of Motor Vehicles revoked White’s license for six months based on these results; White challenged the revocation in contested cases proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility and weight of HGN evidence | White argues HGN is unreliable and should not prove intoxication | Miller contends HGN is admissible as a field sobriety indicator and corroborates other evidence | HGN is admissible as evidence of possible intoxication; weight limited to other tests and context |
| Lawfulness of the sobriety checkpoint | White contends the checkpoint lacked proper standardized guidelines and notice | State argues guidelines were followed; procedural compliance supported by Carte | Remand to assess compliance with sobriety-checkpoint guidelines; not resolved here |
Key Cases Cited
- State v. Barker, 179 W.Va. 194, 366 S.E.2d 642 (W.Va. 1988) (HGN admissibility and reliability considerations in DUI)
- Carte v. Cline, 194 W.Va. 233, 460 S.E.2d 48 (W.Va. 1995) (Sobriety checkpoints must follow predetermined guidelines; notice requirements)
- Muscatell v. Cline, Comm'r, 196 W.Va. 588, 474 S.E.2d 518 (W.Va. 1996) (Review of conflicting evidence; need for reasoned articulation by agency)
- Dean v. Department of Motor Vehicles, 195 W.Va. 70, 464 S.E.2d 589 (W.Va. 1995) (HGN admissible as evidence of impairment in certain contexts)
- Boley v. Cline, Comm'r, 193 W.Va. 311, 456 S.E.2d 38 (W.Va. 1995) (HGN and field sobriety tests as evidence in revocation contexts)
- Choma v. West Virginia Div. of Motor Vehicles, 210 W.Va. 256, 557 S.E.2d 310 (W.Va. 2001) (Arbiter must resolve conflicting evidence; not arbitrary or capricious)