DUI-mandatory hold upon arrest.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0314

SENATE FILE
NO.
SF0059

DUI-mandatory hold upon arrest.

Sponsored by:
Senator(s) Landen,
Jennings
, Perkins and Scott and Representative(s) Brechtel, Cohee, Edwards, Gilmore, Hales and Lockhart

A BILL

for

AN ACT relating to driving under the influence; requiring a person
suspected of
driving while under the influence of alcohol to be
arrested and d
etained as
specified
;
and providing for an effective date.

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

Section 1.

W.S. 31
‑
5
‑
233 by creating a new subsection (n) is amended to read:

31
‑
5
‑
233.

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

(n)

When a person
is arrested for
driving or
being
in actual physical control of a motor vehicle upon a public street or highway in violation of W.S. 31
‑
5
‑
233(b) or any other law prohibiting driving under the influence as defined by W.S. 31
‑
5
‑
233(a)(v), the peace officer may require a test for alcohol concentration pursuant to W.S. 31
‑
6
‑
102. If the test is taken and the results indicate that the person has an alcohol concentration of more than eight one-
hundredths
of one percent (0.08%), or if the peace officer has probable cause to believe the person is incapable of safely driving under paragraph (b)(ii) of this section, the peace officer
may
immediately place the person under arrest and the person shall
not
be
released from detention
until the person
posts bond and, if not seen by a judge in person,
takes another test
, which shall be presumptive,
and the results indicate that the person has an alcohol concentration of
two
one-
hundredths
of one percent (0.0
2
%) or less
. If the person is seen in person by the judge, the judge may allow release of the person on such conditions as the judge may require.
If the person refuses to submit to testing under W.S. 31
‑
7
‑
102, the officer shall advise the person that, in addition to the penalties provided under W.S. 31
‑
6
‑
107, he will be arrested and held until he submits to a test
, which shall be presumptive,
and the results indicate that the person has an alcohol concentration of
two
one-
hundredths
of one percent (0.0
2
%) or less
.
A person arrested and held under this
sub
section shall be tested for alcohol concentration at intervals of not more than one (1) hour until the person is released.

Section 2.

This act is effective July 1, 2008.

(END)

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SF0059