Wyoming Law Change: Removing the Right to Refuse DUI Tests
In one sentence
Plain language
Official record
Bill No.: <billno> Drafter: <drafterinit> Bill No.: HB0029 Drafter: JHR LSO No.: 11LSO-0161 Effective Date: 7/1/2011 Enrolled Act No.: HEA0093 Chapter No.: 178 Prime Sponsor: Representative Gingery Catch Title: DUI-elimination of right to refuse test. Subject: Elimination of the "implied consent law" and the right to refuse chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance. Summary/Major Elements: ● Provides that a person under arrest for driving under the influence of alcohol or a controlled substance who refuses a chemical test shall still be required to submit to a chemical test upon issuance of a search warrant. ● Creates a "remotely communicated search warrant" which may be issued upon sworn or affirmed testimony of the peace officer who is not in the physical presence of the judicial officer. For issuance of a "remotely communicated search warrant": o The judicial officer must be satisfied that probable cause exists for issuance of the remotely communicated search warrant; o All communication between the judicial officer and the peace officer or prosecuting attorney must be recorded; o The judicial officer may direct the peace officer or prosecuting attorney requesting the remotely communicated search warrant to sign the judicial officer's name on a warrant from a remote location. ● A remotely communicated search warrant shall only be valid to administer a chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance after the person refuses the test. ● Results from chemical tests to determine blood-alcohol or controlled substance levels shall only be used to determine whether the person was driving under the influence of alcohol or controlled substances. ● Repeals the administrative penalties for refusing to submit to a chemical tests to determine whether a person was driving while under the influence of alcohol or a controlled substance, except for suspension of a commercial driver's license. ● Makes conforming amendments relating to the repeal of the right to refuse a test.
Public statements
Last checked Aug 9, 1:26 AM
Why they voted this way
The lawmaker supports the bill because it includes a judicial officer as a gatekeeper who must find probable cause before authorizing a test, even if done remotely. He believes this addresses concerns about search warrants and ensures the process is not just an officer's whim.
Why they voted this way
The lawmaker supports the bill as a good compromise that incorporates remote search warrants, noting that experience in other states shows people are more likely to voluntarily comply once they know a judge has reviewed and approved the probable cause.
Why they voted this way
The lawmaker explains that the amendment corrects a citation error to ensure blood samples taken at hospitals cannot be used for any purpose other than DUI testing, extending this protection from just youth to all adults and CDL drivers.
R · S30
Why they voted this way
The lawmaker opposes the amendment because hiding DUI convictions from insurers will prevent them from assessing risk, ultimately causing insurance rates to rise for all constituents.
Why they voted this way
The lawmaker opposes the amendment by stating that statistics show drunk drivers are rarely caught on their first offense and that university students already know the consequences of DUI laws.
Why they voted this way
The lawmaker supports the amendment as a reasonable compromise to address employability issues for those with DUI records while acknowledging that implied consent laws already limit other legal defenses.
R · S25
Why they voted this way
The lawmaker supports the amendment if there is a higher standard requiring physical evidence of intoxication before obtaining a search warrant.
Why they voted this way
The lawmaker opposes the amendment because it assumes people without licenses will not drive, ignoring proven opportunities for them to continue driving.
If a lawmaker is not listed, we couldn't find a published reason.
Wyoming roll calls
6 roll calls
Official activity
Changes
9 stored
Adopted Standing Committee by H01
Adopted 3rd reading by BURNS
Adopted, Corrected 3rd reading by BURNS
Failed 3rd reading by MEIER
Failed 3rd reading by MEIER
Adopted 3rd reading by BURNS
Failed 3rd reading by MEIER
Adopted Committee of the Whole by JOHNSON
Adopted Committee of the Whole by PERKINS