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HB0192 • 2026

DUI penalties-refusal of a chemical test.

AN ACT relating to motor vehicles; providing penalties for refusing chemical tests pursuant to a search warrant after an arrest for driving while under the influence; authorizing specified offenses to be used as evidence in a criminal case; requiring specified offenders to submit to substance use disorder assessments; requiring rulemaking; and providing for effective dates.

Crime Taxes
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Storer
Last action
2026-02-13
Official status
inactive
Effective date
3/1/2026

Plain English Breakdown

The official source material confirms all aspects of the candidate explanation, but notes that the bill did not pass and there are no details on financial assistance for assessments.

Penalties for Refusing Chemical Tests After DUI Arrest

This act creates penalties for people who refuse to take chemical tests after being arrested for driving under the influence (DUI) and requires them to undergo substance use disorder assessments.

What This Bill Does

  • Creates new rules that make it a crime to refuse a chemical test when arrested for DUI, if the police have a search warrant.
  • Sets penalties including jail time of up to six months, fines up to $750, and license suspension from 30 days to one year.
  • Allows refusal of a chemical test to be used as evidence in court against someone charged with DUI.
  • Requires people who refuse the tests to get an assessment for substance use disorder before sentencing.

Who It Names or Affects

  • People arrested for driving under the influence (DUI) and refusing chemical tests after getting a search warrant from police.
  • Drivers under 21 years old who refuse chemical tests after being arrested for DUI.
  • Commercial motor vehicle drivers who refuse chemical tests after being arrested for DUI.

Terms To Know

Substance Use Disorder
A condition where a person has problems controlling their use of alcohol or drugs, which can cause harm to themselves and others.
Search Warrant
A legal document that allows police to search someone's property for evidence of a crime.

Limits and Unknowns

  • The bill did not pass in the session it was introduced.
  • It does not specify what happens if someone cannot afford the substance use disorder assessment costs.

Bill History

  1. 2026-02-13 House

    H Did not Consider for Introduction

  2. 2026-02-11 House

    H Received for Introduction

  3. 2026-02-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
26LSO-0496
2026
STATE OF WYOMING
26LSO-0496
Numbered
2.0

HOUSE BILL NO. HB0192

DUI penalties-refusal of a chemical test.

Sponsored by: Representative(s) Storer, Byron, Clouston, Larsen, L, Lawley, Posey, Washut, Webb, Williams and Wylie and Senator(s) Dockstader and Gierau

A BILL

for

AN ACT relating to motor vehicles; providing penalties for refusing chemical tests pursuant to a search warrant after an arrest for driving while under the influence; authorizing specified offenses to be used as evidence in a criminal case; requiring specified offenders to submit to substance use disorder assessments; requiring rulemaking; and providing for effective dates.

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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102 by creating new subsections (h) through (k), 31
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6
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108 by creating new subsections (q) through (s) and 31
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7
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307 by creating new subsections (o) through (q) are amended to read:

31
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6
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102.

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

(h)

Any person who is arrested on suspicion of driving while under the influence pursuant to W.S. 31
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5
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233 and who refuses to submit to a chemical test at the request of a peace officer after the issuance of a search warrant obtained under subsection (d) of this section is guilty of a misdemeanor punishable by:

(i)

Imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both; and

(ii)

Notwithstanding any other law, a mandatory suspension of the person's driver's license for a period of not less than thirty (30) days and not more than one (1) year.

(j)

Refusal to submit to a chemical test under subsection (h) of this section may be used as evidence against a person charged with driving while under the influence under W.S. 31
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5
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233.

(k)

A person charged with refusal to submit to a chemical test under subsection (h) of this section shall submit to a substance use disorder assessment conducted by a substance use disorder provider certified by the department of health pursuant to W.S. 9
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2
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2701(c) or by a provider certified in that person's state of residence at or before sentencing and shall complete any recommended substance use disorder treatment. The cost of the substance use disorder assessment shall be assessed to and paid by the offender.

31
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6
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108.

Implied consent requirements for youthful drivers.

(q)

Any person under twenty
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one (21) years of age who is arrested for an offense as defined by W.S. 31
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5
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234 and who refuses to submit to a chemical test at the request of a peace officer after the issuance of a search warrant obtained under subsection (d) of this section is guilty of a misdemeanor punishable by:

(i)

Imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both; and

(ii)

Notwithstanding any other law, a mandatory suspension of the person's driver's license for a period of not less than thirty (30) days and not more than one (1) year.

(r)

Refusal to submit to a chemical test under subsection (q) of this section may be used as evidence against a person charged with driving while under the influence under W.S. 31
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5
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233.

(s)

A person charged with refusal to submit to a chemical test under subsection (q) of this section shall submit to a substance use disorder assessment conducted by a substance use disorder provider certified by the department of health pursuant to W.S. 9
‑
2
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2701(c) or by a provider certified in that person's state of residence at or before sentencing and shall complete any recommended substance use disorder treatment. The cost of the substance use disorder assessment shall be assessed to and paid by the offender.

31
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7
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307.

Implied consent requirements for commercial motor vehicle drivers.

(o)

Any person who drives or is in actual physical control of a commercial motor vehicle, who is arrested on suspicion of driving while under the influence pursuant to W.S. 31
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5
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233 and who refuses to submit to a chemical test at the request of a peace officer after the issuance of a search warrant obtained under subsection (e) of this section is guilty of a misdemeanor punishable by:

(i)

Imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both; and

(ii)

Notwithstanding any other law, a mandatory suspension of the person's commercial driver's license for a period of not less than thirty (30) days and not more than one (1) year.

(p)

Refusal to submit to a chemical test under subsection (o) of this section may be used as evidence against a person charged with driving while under the influence under W.S. 31
‑
5
‑
233.

(q)

A person charged with refusal to submit to a chemical test under subsection (o) of this section shall submit to a substance use disorder assessment conducted by a substance use disorder provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) or by a provider certified in that person's state of residence at or before sentencing and shall complete any recommended substance use disorder treatment. The cost of the substance use disorder assessment shall be assessed to and paid by the offender.

Section 2.

The department of transportation shall promulgate all rules necessary to implement this act.

Section 3.

(a)

Except as provided by subsection (b) of this section, this act is effective July 1, 2026
.

(b)

Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.

(END)

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HB0192