The West Virginia Supreme Court of Appeals dismissed the Commissioner of the West Virginia Division of Motor Vehicles’ claims that the Office of Administrative Hearings erred in refusing to give weight to diagnostic blood test results for the purposes of an aggravated DUI enhancement.

In an April 3 majority opinion, Justice John A. Hutchison affirmed the rulings of Kanawha County Circuit Judge Jennifer F. Bailey in separate cases, concluding that absent any evidence that respondents Raymond Burcker’s and Aaron Powers’ blood was drawn in compliance with the West Virginia Code of State Rules Section 64-10-8, the Office of Administrative Hearings (OAH) had rightfully assigned no weight to the results for the purpose of an aggravated enhancement.