Driving Under The Influence Of Alcohol

Case:
In this case, the appellant is the Commissioner of the West Virginia Division of Motor Vehicles (“DMV”). The appellee is Jeffrey M. Mullen. The DMV challenges portions of two orders that were entered on September 8 and September 30, 2003, by the Circuit Court of Ohio County. The two orders, entered pursuant to W.Va. Code, 61-11-25 [2000]:  expunged all criminal records relating to an arrest of the appellee for driving under the influence of alcohol (“DUI”); and  expunged all administrative records of a driver’s license suspension that was imposed on the appellee by the DMV for the conduct by the appellee that led to the DUI arrest.

Background:
Arguably, the records of the appellee’s DMV administrative license suspension could fall within the broad “relating to” or “arising out of” ambit of this language – because the DMV’s administrative license suspension proceedings for the appellee were triggered by and thus “arose out of” and are “related to” the appellee’s arrest for DUI and DUI criminal charge.

This Court has clearly recognized that the two “tracks” of criminal and civil drivers’ license-related proceedings that arise out of an incident where a person is accused of DUI are separate. But they are also interrelated – to the point that due process requires that the results of related criminal proceedings must be given consideration by the DMV in the DMV’s administrative process.

Conclusion:
In the instant case, the DMV’s license suspension proceedings against the appellant were triggered by the appellant’s arrest. But the substantive license suspension action itself was not based upon the fact of a criminal DUI arrest or conviction, but upon a separate (and uncontested) administrative charge and subsequent administrative finding against the appellant. W.Va. Code, 61-11-25 [2000] therefore did not authorize the circuit court to order the expungement of the DMV’s records of the appellant’s DUI license suspension. Those portions of the circuit court’s orders relating to the DMV’s records must be reversed. Affirmed, in part; Reversed, in part.

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