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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
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W.S. 31
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102 by creating new subsections (h) through (k), 31
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108 by creating new subsections (q) through (s) and 31
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307 by creating new subsections (o) through (q) are amended to read:
31
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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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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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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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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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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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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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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
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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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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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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
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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
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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.
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
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(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
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(END)
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HB0192