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Chemical Testing for DUI in Wyoming

Once pulled over, a police officer may request a chemical test from an individual suspected of driving under the influence to determine the level of alcohol in their system. Chemical testing can be performed in three ways: blood draw, urine sample, or breath testing. If you were arrested with a DUI prior to July 1, 2011, you can simply refuse a chemical test, however, due to Wyoming’s implied consent law, your refusal will result in your driver’s license being suspended for six months for the first refusal and eighteen months for each subsequent refusal. The only instance where you cannot refuse a chemical test is if you are involved in an accident that results in serious bodily injury or death. However, beginning July 1, 2011, it is no longer an option for a suspect to simply refuse a chemical test. When a police officer has probable cause to believe that you are driving under the influence, the officer may require that you submit to a chemical test. Statute § 31-6-102, now reads that “if a person under arrest refuses upon the request of a peace officer to submit to a chemical test…none shall be given except in cases where serious bodily injury or death has resulted or upon issuance of a search warrant.” Before, implied consent law was the only way to admit chemical testing as evidence, and the police officer must have complied with implied consent law if the chemical evidence was to be admissible in court. If an individual refused to take a chemical test, there was nothing an officer could do. However, legislation has been changed to allow a police officer to obtain a search warrant in order to require a suspect to submit to a chemical test. Further, the warrant can be obtained “remotely transmitted by voice, image, text or any combination thereof, or by other means.” Therefore, it is very easy for a police officer to obtain a search warrant and it is no longer a lengthy procedure.

Also, come July 1, 2011, results from your chemical test are assured not to be used for other purposes such as DNA linking you to any other crimes.


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