Driving under the influence amendments.

21LSO-0081
2021
STATE OF WYOMING
21LSO-0081
Numbered
2.0

SENATE FILE NO. SF0005

Driving under the influence amendments.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to motor vehicles; creating a new crime for refusal to submit to a chemical test following issuance of a warrant; providing a penalty amending driver's license suspension periods; providing for rulemaking; repealing a provision; making conforming amendments; 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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6
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109 is created to read:

31
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6
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109.

Refusal following issuance of a warrant; penalties.

(a)

A person lawfully under arrest who refuses to submit to a chemical test following issuance of a search warrant pursuant to W.S. 31
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6
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102(d) is guilty of contempt of court and in addition to any jail sentence authorized by law may be fined not more than:

(i)

Seven hundred fifty dollars ($750.00) for a first offense;

(ii)

One thousand five hundred dollars ($1,500.00) for a second offense within ten (10) years of the date of conviction;

(iii)

Three thousand dollars ($3,000.00) for a third or subsequent offense within ten (10) years of the date of conviction.

Section 2
.

W.S. 31
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233(f)(iv) and (v), 31
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101(a)(v), 31
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102(d),
(e)(intro), (ii) and (iii), 31
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103(b), 31
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105(f)(iii)(A), 31
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128 by creating a new subsection (o) and 31
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134(c) are 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.

(f)

Any person convicted under this section or other law prohibiting driving while under the influence as defined in W.S. 31
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233(a)(v), or whose prosecution under this section is deferred under W.S. 7
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301, shall, in addition to the penalty imposed:

(iv)

Except as provided in subsection (n) of this section, for a third conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
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401 through 31
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404, for a period of
two (2)
three (3)
years;

(v)

For a fourth or subsequent conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
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7
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401 through 31
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404, for the remainder of the offender's life, except five (5) years from the date of conviction and every five (5) years
thereafter, the offender may apply to the court for removal of the ignition interlock device required by this paragraph
and shall provide notice to the department
.

The court may, for good cause shown, remove the ignition interlock device requirement if the offender has not been subsequently convicted of driving a motor vehicle in violation of this section or other law prohibiting driving while under the influence as defined in W.S. 31
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233(a)(v).
The department may promulgate rules for the administration of this paragraph.

31
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101.

Definitions.

(a)

As used in this act:

(v)

"This act" means W.S. 31
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101 through
31
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108
31
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6
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109
.

31
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102.

Test to determine alcoholic or controlled substance content of blood; suspension of license.

(d)

If a person under arrest refuses upon the request of a peace officer to submit to a chemical test designated by the agency employing the peace officer as provided in subsection (a) of this section, none shall be given except in cases where serious bodily injury or death has resulted or upon issuance of a search warrant. A test of the agency's choice may be administered upon issuance of a warrant, including a remotely communicated search warrant, when reasonable under the circumstances and as provided in this subsection.

A remotely communicated search warrant may be issued upon sworn or affirmed testimony of the peace officer who is not in the physical presence of a judicial officer, provided the judicial officer is satisfied that probable cause exists for the issuance of the warrant.

All communication between the judicial officer and the peace officer or prosecuting attorney requesting the warrant may be remotely transmitted by voice, image, text or any combination thereof, or by other means and shall be recorded.

The testimony and content of the warrant shall be recorded by writing or mechanical, magnetic, electronic, photographic storage or by other means.

Upon approval, the judicial officer may direct a peace officer or the
prosecuting attorney requesting a warrant from a remote location to sign the judicial officer's name on a warrant at a remote location.

A remotely communicated search warrant shall be valid only for purposes specified in this subsection.
If a person under arrest refuses to submit to a chemical test following the issuance of a search warrant pursuant to this subsection, he shall be advised of the penalties outlined in W.S.

31
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109 and 31
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128(o).

(e)

If the test result indicates the person has an alcohol concentration of eight one
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hundredths of one percent (0.08%) or more,
or the person refuses to submit to a chemical test following the issuance of a search warrant pursuant to subsection (d) of this section,
the peace officer shall submit his signed statement to the department.

Based upon the statement the department shall suspend the person's Wyoming driver's license or his privilege to operate a motor vehicle in this state for ninety (90) days. If a criminal conviction results from the same incident on which a suspension under this subsection is based, the suspension under W.S. 31
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128(b) or revocation under W.S. 31
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127(a)(ii) shall be reduced by
ninety (90) days.

The statement submitted by the officer shall contain:

(ii)

That a test was taken of the person
or the person refused to submit to a chemical test following the issuance of a search warrant pursuant to subsection (d) of this section
; and

(iii)

The person had an alcohol concentration of eight one
‑
hundredths of one percent (0.08%) or more
or the person refused to submit to a chemical test following the issuance of a search warrant pursuant to subsection (d) of this section
.

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103.

Application for hearing; stay of suspension of license; scope of hearing.

(b)

The scope of a hearing for the purposes of this act shall cover the issues of whether a peace officer had probable cause to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon a public street or highway in this state in
violation of W.S. 31
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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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233(a)(v), whether the person was placed under arrest, or if a test was administered, whether the test results indicated that the person had an alcohol concentration of eight one
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hundredths of one percent (0.08%) or more,
whether the person refused to submit to a chemical test following the issuance of a warrant pursuant to W.S. 31
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102(d),
and whether, except for the persons described in this act who are incapable of cooperating with the administration of the test, he had been given the advisements required by W.S. 31
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102(a)(ii)
and (d)
. At the conclusion of the hearing, the hearing examiner shall order that the suspension either be rescinded or sustained. If a chemical test was administered, the hearing examiner has the same authority to modify a license suspension under this act as he does under W.S. 31
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105.

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105.

Administrative hearings.

(f)

Upon receipt of a timely request, the department shall conduct a review of its records and issue an order
granting or denying limited driving privileges. The discretion to continue or modify any order of suspension or denial to allow driving privileges is limited as follows:

(iii)

It may be extended to a person convicted under W.S. 31
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233 or other law prohibiting driving while under the influence, or a person whose driver's license has been suspended or denied for a violation of W.S. 31
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234, only if:

(A)

Within the
five (5)
ten (10)
year period preceding the date of the most recent offense, the person has not been convicted under W.S. 31
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233 or other law prohibiting driving while under the influence; and

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128.

Mandatory suspension of license or nonresident operating privilege for certain violations; suspension of registration.

(o)

Upon receipt of the statement provided for under W.S. 31
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102(e) asserting the person refused to submit to a chemical test following the issuance of a search warrant
pursuant to W.S. 31
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102(d), the department, subject to review as provided in W.S. 31
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103 and 31
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104, shall suspend the person's Wyoming driver's license or his privilege to operate a motor vehicle in this state as follows:

(i)

Ninety (90) days, for the first refusal;

(ii)

Six (6) months, if the person has previously been suspended under this subsection within the last ten (10) years and that suspension was uncontested or upheld following an administrative hearing;

(iii)

One (1) year, if the person has previously been suspended two (2) or more times under this subsection within the last ten (10) years and the previous suspensions were uncontested or upheld following an administrative hearing.

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134.

Driving while license cancelled, suspended or revoked.

(c)

A person convicted of a subsequent violation of subsection (a) of this section for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31
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229 or 31
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233, is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail.

In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).
Notwithstanding any other provision of law, any person under the age of twenty
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one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one
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hundredths of one percent (0.02%) and the amount specified in W.S. 31
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233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided under this section, but shall have his license administratively suspended for thirty (30) days.

Section 3.

W.S. 31
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134(d) is repealed.

Section 4
.

This act is effective July 1, 2021
.

(END)

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SF0005