Landmark Decision Reinforces Drivers’ Rights and Limits DMV Authority in Refusal Cases
Morgantown, WV — Attorney Jared T. Moore of The Moore Law Firm has secured a significant appellate victory on behalf of his client, Dillan Alejandro Perez, in a closely watched case involving the West Virginia Division of Motor Vehicles (DMV). The Intermediate Court of Appeals of West Virginia dismissed the DMV’s appeal, affirming that the agency lacked authority to pursue the case and reinforcing critical protections for individuals facing DUI-related license consequences.
This ruling represents a pivotal clarification of West Virginia law following the Legislature’s overhaul of DUI procedures through Senate Bill 130. The Court confirmed that refusal-to-submit proceedings are not separate civil matters pursued by the DMV, but instead are part of the underlying criminal case, placing them squarely within the jurisdiction of the courts, not an administrative agency.
“This is a decisive win not just for Mr. Perez, but also for drivers across West Virginia,” said Attorney Moore. “The Court made clear that the DMV cannot act beyond the authority granted by the Legislature. That matters because it ensures fairness, accountability, and due process in every DUI case.”
Why This Decision Matters
For years, West Virginia drivers faced a dual-track system: criminal DUI charges in court and separate administrative license revocation proceedings handled in the DMV’s Office of Administrative Hearings. That system often allowed license suspensions based on paperwork alone without meaningful opportunity to challenge the evidence.
That changed when Senate Bill 130 went into effect on July 1, 2020. Senate Bill 130 eliminated the Office of Administrative Hearings, transferred jurisdiction for all DUI related hearings (specifically including refusal review hearings) to the courts, and abolished the separate civil license-related aspect of DUI proceedings. Despite being statutorily stripped of its authority over five (5) years ago, the DMV attempted to interject itself back into the process, specifically for DUI refusal review hearings.
In Mr. Perez’s case, the court entered an order finding the secondary chemical test was not refused. When the DMV attempted to appeal that decision, Attorney Moore successfully argued that the agency had no legal authority to do so - a position now validated at the appellate level.
A Turning Point for DUI Defense in West Virginia
This ruling sends a clear message: administrative overreach will not stand. It also highlights the importance of experienced legal representation in DUI cases, where both criminal penalties and driving privileges are at stake.
Attorney Jared T. Moore has built a reputation for aggressively defending clients against DUI charges and related license consequences. His strategic advocacy in this case not only protected his client’s rights but also established precedent that will benefit countless others facing similar situations.
Contact The Moore Law Firm
Individuals facing DUI charges or license suspension issues are encouraged to seek experienced legal counsel immediately.