(a)If arrested for an offense as defined by W.S.
31-5-234:
(i)A person under twenty-one (21) years of age who
drives or is in actual physical control of a motor vehicle
within this state is deemed to have given consent, subject to
the provisions of this section, to a chemical test or tests of
his blood, breath or urine for the purpose of determining
alcohol concentration in his blood;
(ii)The test or tests shall be administered at the
direction of a peace officer, who has probable cause to believe
that the driver was driving or in actual physical control of a
motor vehicle in this state in violation of W.S. 31-5-234(b).
The peace officer who requires a test pursuant to this section
may direct that the test shall be of blood, breath or urine.
However, if the officer directs that the test
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(a) If arrested for an offense as defined by W.S.
31-5-234:
(i) A person under twenty-one (21) years of age who
drives or is in actual physical control of a motor vehicle
within this state is deemed to have given consent, subject to
the provisions of this section, to a chemical test or tests of
his blood, breath or urine for the purpose of determining
alcohol concentration in his blood;
(ii) The test or tests shall be administered at the
direction of a peace officer, who has probable cause to believe
that the driver was driving or in actual physical control of a
motor vehicle in this state in violation of W.S. 31-5-234(b).
The peace officer who requires a test 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;
(iii) The test or tests results 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) For tests required under this section, the person
shall be advised that:
(i) Repealed By Laws 2011, Ch. 178, § 2.
(ii) If the results of the test indicate an alcohol
concentration of two one-hundredths of one percent (0.02%) or
more, he may be subject to denial or suspension of his driver's
license for the period specified by W.S. 31-7-128(h) and he may
be required to drive only vehicles equipped with an ignition
interlock device;
(iii) After all chemical tests required by the peace
officer have been administered at a place and in the 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.
(c) Results of tests obtained at the person's expense
shall be made available to the peace officer and the person.
Disclosure of the test results by the person administering the
test is not a violation of the doctor-patient relationship.
(d) 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 for in this section, and the tests may be administered
subject to this section. A chemical test designated by the
agency employing the peace officer may also be administered to a
person who refuses to take a test upon issuance of a search
warrant, including a remotely communicated search warrant, as
provided in W.S. 31-6-102(d). A remotely communicated search
warrant shall be valid only for purposes specified in this
subsection.
(e) Repealed By Laws 2011, Ch. 178, § 2.
(f) If a test discloses an alcohol concentration of two
one-hundredths of one percent (0.02%) or more, the peace officer
shall submit his signed statement to the department. In addition
to the signed statement submitted under this subsection, the
peace officer shall provide notice to the person that the person
has twenty (20) days from the date of the notice within which to
request a hearing from the department pursuant to W.S. 31-7-105
and that failure to timely request a hearing will result in the
period of suspension or license denial 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
period of suspension or denial 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. The signed statement submitted by
the officer under this subsection shall contain:
(i) His probable cause to believe the 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. 31-5-234(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 two
one-hundredths of one percent (0.02%) or more.
(g) A timely request for a hearing shall stay the period
of suspension or denial until the order following the hearing is
entered and all appellate review of the matter is completed,
provided the stay is effective only so long as there is no
license suspension or denial for a similar violation during the
hearing and appeal period.
(h) At the conclusion of the hearing, the hearing examiner
shall order whether or not the person's driver's license shall
be suspended or denied. The scope of the hearing shall be
limited to the issues of:
(i) Whether the peace officer had probable cause to
believe the person was driving or in actual physical control of
a vehicle with an alcohol concentration of two one-hundredths of
one percent (0.02%) or more;
(ii) Whether the results of a test indicated there
was an alcohol concentration of two one-hundredths of one
percent (0.02%) or more;
(iii) Whether the person had been given the
advisement required in subsection (b) of this section; and
(iv) Whether the person has shown good cause as to
why his license should not be suspended or denied, regardless of
the findings in paragraphs (i) through (iii) of this subsection.
(j) Prehearing discovery available to any party is limited
to access to the signed statement and any accompanying
documentation submitted by the peace officer. Other types of
discovery available under other laws are not available under
this section.
(k) Repealed By Laws 2011, Ch. 178, § 2.
(m) W.S. 31-6-102(g), 31-6-104(c), 31-6-105(a), (b) and
(e) and 31-6-106 apply to this section.
(n) Repealed By Laws 2011, Ch. 178, § 2.
(o) Records of convictions or license suspensions under
this section shall not be made a part of the abstracts or
records kept by the department of transportation pursuant to
W.S. 31-5-1214 or 31-7-120. Any records maintained by the
department for administration of this section shall be
maintained separately and shall not be available for public
inspection except for inspection by any law enforcement officer
or agency to enforce the provisions of this section. Any
driver's license suspension or related records under this
section shall not be the basis for any increase in insurance
premiums or the cancellation of any insurance policy for a minor
or his parents affected by this section.
(p) Repealed By Laws 2011, Ch. 178, § 2.