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Evidence Admission of DUI in Wyoming

In order to prosecute you for a DUI, the arresting officer must prove certain elements of the traffic stop and arrest, in order for any evidence obtained during your arrest to be admissible evidence. The police officer must have had reasonable suspicion that a crime was or was about to be committed, he must have probable cause to show that your arrest was reasonable and that a cautions person would believe that a crime had been committed, he must also have read you your Miranda rights and allowed for you to have an independent chemical test. If the foregoing situations exist, then the police officer can place his observations of any evidence of intoxication into a police report and this evidence may be used against you.

Further, when you are arrested for a DUI in Wyoming, the police will request that you submit to chemical testing to determine your blood-alcohol content. A chemical test is only valid and admissible in court if your arrest was legal and the test was given as soon as reasonably possible after your arrest. You also have the right to conduct your own independent testing. Only laboratories licensed by Wyoming can perform chemical analyses and only licensed medical personnel can take a blood sample from you for testing. If you choose to refuse a chemical test, your refusal is admissible in a criminal case against you.

The Wyoming Department of Health runs the alcohol-testing laboratory, which is responsible for testing chemical samples for DUI prosecutions. In order for a chemical test to be valid evidence, the sample must contain at least two millimeters of blood or urine and must be stored in an approved container with a preservative.

If all of the foregoing elements are satisfied, the evidence will be admissible in court. It not, the evidence is inadmissible.


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