§ 31-6-103 — Application for hearing; stay of suspension of license; scope of hearing

Wyoming § 31-6-103

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

Text

(a) A timely request for a hearing shall stay the
suspension until the order following the hearing is entered and
all appellate review of the matter is completed, provided the
stay of suspension is effective only so long as there is no
suspension for a similar violation during the hearing and appeal
period.
(b) The scope of a hearing for the purposes of this act
shall cover the issues of whether a peace officer had probable
cause to believe the arrested person had been driving or was 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), whether the person was placed under arrest,
or if a test was administered, whether the test results
indicated that the person had an alcohol concentration of eight
one-hundredths of one percent (0.08%) or more, and whether,
except for the persons described in this act who are incapable
of cooperating with the administration of the test, he had been
given the advisements required by W.S. 31-6-102(a)(ii). At the
conclusion of the hearing, the hearing examiner shall order that
the suspension either be rescinded or sustained. If a chemical
test was administered, the hearing examiner has the same
authority to modify a license suspension under this act as he
does under W.S. 31-7-105.
(c) Prehearing discovery, available to any interested
party is limited to access to the notice of suspension, signed
statement and any accompanying documentation submitted by the
arresting officer. Other types of discovery available under
other law are not available in a hearing under this section.