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SF0060 • 2011

DUI-mandatory hold upon arrest.

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

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Landen
Last action
2011-03-02
Official status
inactive
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2011-03-02 Senate

    S Committee Returned Bill Pursuant to SR 7-3(c)

  2. 2011-01-11 Senate

    S Introduced and Referred to S01; No Report Prior to CoW Cutoff

  3. 2011-01-11 Senate

    S Received for Introduction

  4. 2011-01-05 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0390

SENATE FILE
NO.
SF0060

DUI-m
andatory hold
upon arrest
.

Sponsored by:
Senator(s) Landen and Scott and Representative(s) Gay

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 detained as specified;
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 by creating a new subsection (n) 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.

(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
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5
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233(b) or any other law prohibiting driving under the influence as defined by W.S. 31
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5
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233(a)(v), the peace officer may require a test for alcohol concentration pursuant to W.S. 31
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6
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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 (0.02%) 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
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6
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102, the officer shall advise the person that, in addition to the penalties provided under W.S. 31
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6
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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 (0.02%) or less. A person arrested and held under this subsection 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, 2011.

(END)

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SF0060