Actual physical control-DUI.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0475

SENATE FILE
NO.
SF0054

Actual physical control-DUI.

Sponsored by:
Senator(s) Hanes

A BILL

for

AN ACT relating to motor vehicle offenses; defining "actual physical control" for purposes of specified alcohol related offenses; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 31
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5
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233(a) by creating a new paragraph (ii) and by renumbering (ii) through (v) as (iii) through (vi) is amended to read:

31
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5
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233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(a)

As used in this section:

(ii)

"Actual physical control" means being in the driver's position of a motor vehicle with the motor running or with the vehicle moving;

(ii)
(iii)

"Controlled substance" includes:

(A)

Any drug or substance defined by W.S. 35
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7
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1002(a)(iv);

(B)

Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual's ability to drive safely.

(iii)
(iv)

"Conviction" means as defined in W.S. 31
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7
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102(a)(xi);

(iv)
(v)

"Driver's license" means as defined in W.S. 31
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7
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102(a)(xxv) and includes nonresident operating privileges as defined in W.S. 31
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102(a)(xxx);

(v)
(vi)

"Other law prohibiting driving while under the influence" means a statute of another state, the United States or a territory or district of the United States or an ordinance of a governmental entity of this or another state or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs.

Section 2.

This act is effective July 1, 2005.

(END)

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SF0054