§ 31-6-102 — Test to determine alcoholic or controlled substance content of blood; suspension of license

Wyoming § 31-6-102

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 6: IMPLIED CONSENT TO CHEMICAL TESTING

Text

(a) If arrested for an offense as defined by W.S.
31-5-233:
(i) Any person who drives or is in actual physical
control of a motor vehicle upon a public street or highway in
this state is deemed to have given consent, subject to the
provisions of this act, to a chemical test or tests of his
blood, breath or urine for the purpose of determining the
alcohol concentration or controlled substance content of his
blood. The test or tests shall be:
(A) Incidental to a lawful arrest;
(B) Given as promptly as possible after the
arrest;
(C) Administered at the direction of a peace
officer who has probable cause to believe the person was driving
or in actual physical control of a motor vehicle upon a public
street or highway in this state in violation of W.S. 31-5-233(b)
or any other law prohibiting driving under the influence as
defined by W.S. 31-5-233(a)(v). The peace officer who requires a
test for alcohol concentration pursuant to this section may
direct that the test shall be of blood, breath or urine.
However, if the officer directs that the test be of the person's
blood or urine, the person may choose whether the test shall be
of blood or urine. The person shall not have the option if the
peace officer has probable cause to believe there is impairment
by a controlled substance which is not subject to testing by a
breath test in which case a blood or urine test may be required,
as directed by the peace officer.
(ii) For tests required under this act, the arrested
person shall be advised that:
(A) Repealed By Laws 2011, Ch. 178, § 2.
(B) If the results of the test indicate the
person is under the influence of alcohol or a controlled
substance, he may be subject to criminal penalties, his Wyoming
driver's license or his privilege to operate a motor vehicle
shall be suspended for ninety (90) days and he may be required
to drive only vehicles equipped with an ignition interlock
device;
(C) After undergoing all chemical tests required
by the peace officer at a place and in a manner prescribed by
and at the expense of the agency employing the peace officer,
the arrested person may go to the nearest hospital or clinic and
secure any additional tests at his own expense;
(D) Repealed By Laws 2009, Ch. 160, § 2.
(iii) The results from the test or tests under this
act shall only be used for the purposes of determining the
chemical concentration as provided by this section and shall not
be used for any other purpose.
(b) Results of tests obtained at the arrested person's
expense shall be made available to the arresting officer and the
arrested person. Disclosure of the test results by the person
administering the test is not a violation of the doctor-patient
relationship.
(c) Any person dead, unconscious or otherwise in a
condition rendering him incapable of cooperating with the
administration of the tests is deemed to have given his consent
provided by subsection (a) of this section and the tests may be
administered subject to the provisions of this act.
(d) If a person under arrest refuses upon the request of a
peace officer to submit to a chemical test designated by the
agency employing the peace officer as provided in subsection (a)
of this section, none shall be given except in cases where
serious bodily injury or death has resulted or upon issuance of
a search warrant. A test of the agency's choice may be
administered upon issuance of a warrant, including a remotely
communicated search warrant, when reasonable under the
circumstances and as provided in this subsection. A remotely
communicated search warrant may be issued upon sworn or affirmed
testimony of the peace officer who is not in the physical
presence of a judicial officer, provided the judicial officer is
satisfied that probable cause exists for the issuance of the
warrant. All communication between the judicial officer and the
peace officer or prosecuting attorney requesting the warrant may
be remotely transmitted by voice, image, text or any combination
thereof, or by other means and shall be recorded. The testimony
and content of the warrant shall be recorded by writing or
mechanical, magnetic, electronic, photographic storage or by
other means. Upon approval, the judicial officer may direct a
peace officer or the prosecuting attorney requesting a warrant
from a remote location to sign the judicial officer's name on a
warrant at a remote location. A remotely communicated search
warrant shall be valid only for purposes specified in this
subsection.
(i) Repealed By Laws 2011, Ch. 178, § 2.
(ii) Repealed By Laws 2011, Ch. 178, § 2.
(e) If the test result indicates the person has an alcohol
concentration of eight one-hundredths of one percent (0.08%) or
more, the peace officer shall submit his signed statement to the
department. Based upon the statement the department shall
suspend the person's Wyoming driver's license or his privilege
to operate a motor vehicle in this state for ninety (90) days.
If a criminal conviction results from the same incident on which
a suspension under this subsection is based, the suspension
under W.S. 31-7-128(b) or revocation under W.S. 31-7-127(a)(ii)
shall be reduced by ninety (90) days. The statement submitted
by the officer shall contain:
(i) His probable cause to believe the arrested person
was driving or in actual physical control of a motor vehicle:
(A) On a public street or highway in this state;
(B) In violation of W.S. 31-5-233(b) or any
other law prohibiting driving under the influence as defined by
W.S. 31-5-233(a)(v).
(ii) That a test was taken of the person; and
(iii) The person had an alcohol concentration of
eight one-hundredths of one percent (0.08%) or more.
(f) In addition to the signed statement submitted under
subsection (e) of this section, the peace officer shall provide
notice to the person. The notice shall state that the person has
twenty (20) days from the date of the notice within which to
request a hearing from the department and that failure to timely
request a hearing will result in the suspension automatically
commencing thirty (30) days after the date of the notice or upon
the conclusion of any existing suspension or revocation if the
person's license or privilege is currently suspended or revoked
at the time the peace officer provides notice. For purposes of
this section, the peace officer acts as an agent for the
department when providing notice of the suspension and notice of
the opportunity for a hearing. W.S. 31-7-137 applies to a notice
under this act. Failure to request a hearing within the twenty
(20) day period is a waiver of the right of hearing, and the
suspension shall commence thirty (30) days after the date of the
notice or upon the conclusion of any existing suspension or
revocation if the person's license or privilege is currently
suspended or revoked at the time the peace officer provides
notice. If a timely request for hearing is made, the department
shall forward the request to the independent hearing examiner
who shall schedule a hearing within forty-five (45) days after
receipt of the request from the department and provide the
person at least ten (10) days notice of the hearing. The hearing
shall be conducted by the hearing examiner. If the hearing
examiner fails to schedule the hearing within forty-five (45)
days of the request from the department, other than at the
request of the person, the person, as his sole remedy, shall be
given credit against any action upheld at the hearing for the
time between the expiration of the forty-five (45) day period
and the date the hearing was first scheduled.
(g) For the purposes of this section, the signed statement
submitted by the peace officer shall be deemed a sworn statement
and shall be subject to penalties for perjury.