Boley v. Cline

In Boley v. Cline, 193 W.Va. 311, 314, 456 S.E.2d 38, 41 (1995) (per curiam), the Court upheld a driver's license revocation that was based on evidence of erratic driving, the smell of alcohol on the driver's breath, and HGN in one eye. Former Justice Cleckley concurred in Boley, indicating that he believed the evidence may have been insufficient to prove intoxication, even under a preponderance standard. 193 W.Va. at 315, 464 S.E.2d at 42.