Failed 2nd reading by WHITE
HB0251
Changes to DUI Testing Rules
In one sentence
This law clarifies which tests a peace officer can order to check for alcohol or controlled substances in a driver's system.
What it does
- Clarifies that a peace officer can direct a test for alcohol concentration to be of blood, breath, or urine.
- Authorizes a peace officer to direct a test for impairment by a controlled substance to be of blood or urine.
- States that if the officer directs a blood or urine test for alcohol, the driver may choose between blood or urine.
- Removes the driver's choice if the officer has probable cause to believe there is impairment by a controlled substance that cannot be detected by a blood or breath test.
- Sets the effective date of the law as July 1, 2007.
Who it affects
- Drivers arrested for driving under the influence.
- Peace officers who administer chemical tests.
Limits and unknowns
- The text does not specify which controlled substances cannot be detected by a blood or breath test.
- The text does not explain the penalties for refusing a test.
Plain language
Terms to know
- Peace officer
- A law enforcement officer authorized to direct chemical tests.
- Probable cause
- A reasonable belief that a person was driving under the influence.
- Controlled substance
- A drug or substance regulated by law that may impair driving.
Official record
Sources
Read the official summary
2007 General Session Summary for HB0251 Bill No.: HB0251 Drafter: JHR LSO No.: 07LSO-0417 Effective Date: 7/1/2007 Enrolled Act No.: HEA0099 Chapter No.: Prime Sponsor: Representative White Catch Title: DUI tests. Subject: Amends the type of test that may be required by a peace officer to determine the controlled substance content in the vehicle operator's blood. Summary/Major Elements: Under current law, a peace officer who has probable cause may require a vehicle operator to undergo a test of: Blood, breath or urine, to determine if the operator is under the influence of alcohol, or Urine, to determine if the operator is impaired by a controlled substance. This act: Clarifies that the peace officer who requires a test for alcohol concentration may direct that the test be of blood, breath or urine. Authorizes the peace officer to direct the test for impairment by a controlled substance to be of blood or urine.
Public statements
Why lawmakers voted
Last checked Aug 8, 11:22 PM
Wyoming roll calls
Recorded votes
4 roll calls
S Passed 3rd Reading 27-2-1-0-02007-02-27 · Senate27 yes 2 no
- Yes
- 27
- No
- 2
- Absent
- 0
- Excused
- 1
- Conflict
- 0
Yes 27
Excused 1
S08 Recommended Do Pass 4-0-1-0-02007-02-09 · Senate4 yes 0 no
- Yes
- 4
- No
- 0
- Absent
- 0
- Excused
- 1
- Conflict
- 0
H Passed 3rd Reading 48-12-0-0-02007-02-01 · House48 yes 12 no
- Yes
- 48
- No
- 12
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 48
H01 Recommended Do Pass 9-0-0-0-02007-01-23 · House9 yes 0 no
Official activity
Bill history
- Assigned Chapter Number - 207LSO
- Governor Signed HEA0099Governor
- S President Signed HEA No. 0099Senate
- H Speaker Signed HEA No. 99House
- Assigned Number HEA0099LSO
- S Passed 3rd ReadingSenate
- S Passed 2nd ReadingSenate
- S Passed CoWSenate
- S Placed on General FileSenate
- S08 Recommended Do PassSenate
- S Introduced and Referred to S08Senate
- S Received for IntroductionSenate
- H Passed 3rd ReadingHouse
- H Passed 2nd ReadingHouse
- Amendment FailedHouse
- H Passed CoWHouse
- H Amendments AdoptedHouse
- Amendment AdoptedHouse
- H Placed on General FileHouse
- H01 Recommended Do PassHouse
Changes
Amendments
2 stored
Adopted Committee of the Whole by MERCER