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No. 32581   -   Joseph W. McVey v. Commissioner of the West Virginia Division of Motor Vehicles

Starcher, J., dissenting:

            I am not persuaded that the Legislature, when it decided to create the “.02-.08 blood alcohol level suspension” for drivers under twenty-one, intended that a subsequent offense, when a person is over 21, would mean an automatic ten-year license suspension. Absent clear statutory language evidencing such a Legislative intent, I would not infer it - as the majority has done. Accordingly, I dissent.