§ 31-6-105 — Method of performing chemical analysis; persons permitted to draw blood; request by arrested person for test; information made available; evidence of refusal to take test

Wyoming § 31-6-105

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

Text

(a) Chemical analysis of the person's blood, breath or
urine to be considered valid under this section, shall be
performed according to methods approved by the department of
health and by an individual possessing a valid permit to conduct
the analysis. Permits shall be issued by the department of
health for this purpose. The department of health may promulgate
and approve satisfactory methods in order to ascertain the
qualifications of individuals permitted to conduct the analysis
and shall issue to qualified individuals permits which are
subject to termination or revocation by the department of
health.
(b) When a person undergoes a blood test required by a
peace officer under this act, only a physician, registered
nurse, qualified clinical or laboratory technician or other
person who routinely does venipunctures at the direction of a
physician may withdraw blood for the purpose of determining the
alcohol concentration or controlled substance content therein.
This limitation does not apply to the taking of other specimens.
(c) A person arrested for any offense allegedly committed
while the person was driving or in actual physical control of a
motor vehicle while under the influence of alcohol or a
controlled substance to a degree which renders him incapable of
safely driving the vehicle, may request the peace officer to
have a chemical test or tests made of the arrested person's
blood, breath or urine for the purpose of determining the
alcohol or controlled substance content of the arrested person's
blood. If the tests are available they shall be performed in or
near the locality where the arrest was made as promptly as
possible after the arrest.
(d) The person tested may, at his own expense, have any
qualified person of his own choosing administer a chemical test
or tests in addition to any administered at the direction of a
peace officer. The failure or inability to obtain an additional
test by a person does not preclude the admissibility in evidence
of the test or tests taken at the direction of a peace officer.
(e) Upon the request of a person who undergoes a chemical
test or tests as required by a peace officer, full information
concerning the test or tests shall be made available to the
person or his attorney.
(f) Repealed By Laws 2011, Ch. 178, § 2.