Wagoner v. Sidropolis
In Wagoner v. Sidropolis, 184 W.Va. 40, 43, 399 S.E.2d 183, 186 (1990) (per curiam), the Court stated:
the administrative enhancement provisions of W. Va. Code 17C-5A-2 (1981) are triggered by the statement of an arresting officer rather than the guilty plea of an offender. The guilty plea is only relevant to criminal sanctions which may result. Administrative actions and criminal sanctions are independent lines of inquiry which must not be confused or integrated. As we explained in Shingleton v. City of Romney, 181 W. Va. 227, 229, 382 S.E.2d 64, 66 (1989), "the administrative sanctions are separate and distinct from the criminal penalties . . . ."
Further, the Court noted that "the initiation of criminal proceedings is not a necessary predicate to the initiation of administrative sanctions" under the provisions of W. Va. Code 17C-5A-1 for driving a motor vehicle while under the influence of alcohol.
The Court also stated that "the statute W. Va. Code 17C-5A-2 makes clear that the real issue in revoking a driver's license is whether the individual did in fact operate a motor vehicle while under the influence of alcohol, and no showing of any resulting guilty plea, conviction, or other criminal proceeding is necessary." Id.