DUI-testing.

WORKING DRAFT
2007
STATE OF WYOMING
07LSO-0423.E1

HOUSE BILL
NO.
HB0258

DUI-testing.

Sponsored by:
Representative(s) Esquibel, K., Gingery, Slater and White and Senator(s) Mockler

A BILL

for

AN ACT relating to motor vehicles; amending testing requirements for driving while under the influence of alcohol as specified; providing an affirmative defense in specified circumstances; specifying requirements for the burden of proof in those circumstances; 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(b)(i), by creating a new paragraph (ii), by renumbering (ii) as (iii), (c)(intro) and (d) 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.

(b)

No person shall drive or have actual physical control of any vehicle within this state if the person:

(i)

Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more;
or

(ii)

Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more as measured within two (2) hours after the time of operation or actual physical control of a motor vehicle; or

(ii)
(iii)

To a degree which renders him incapable of safely driving:

(A)

Is under the influence of alcohol;

(B)

Is under the influence of a controlled substance; or

(C)

Is under the influence of a combination of any of the elements named in subparagraphs (A) and (B) of this paragraph.

(c)

Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or being in actual physical control of a vehicle while under the influence of alcohol, the
amount of alcohol in the
person's
blood
alcohol concentration
at the time alleged as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:

(d)

Subsection (c) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than
three (3)
two (2)
hours after the alleged violation. The fact that any person charged with a violation of subsection (b) of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection (b) of this section.
It is an affirmative defense to a violation of paragraph (b)(i) or (ii) of this section that the defendant consumed a sufficient quantity of alcohol after the time of actual operation or physical control of a motor vehicle and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed eight one-hundredths of one percent (0.08%) but evidence of the consumption may not be admitted unless notice is given to the prosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.

Section 2.

This act is effective July 1, 2007.

(END)

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HB0258