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Implied Consent Law in Wyoming

In Wyoming, anyone who drives a vehicle is deemed to have given consent to have a chemical test on their blood, breath or urine to determine their alcohol content. Again, before an officer may request a chemical test, he must have reasonable cause for believing that you were driving under the influence. As previously mentioned, the new DUI law utilizes the word “require” as opposed to “request” and it is no longer an option for a suspect to simply refuse a chemical test. If you do choose to refuse, the police officer can attempt to obtain a search warrant and compel you to submit to a chemical test. However, the police officer must still read you the implied consent advisement:

WYOMING IMPLIED CONSENT ADVISEMENT

The peace officer should read the following to the arrested person:

As a peace officer I must advise you that:

1. You are under arrest and charged with DWUI (W.S.31-5-233 or any similar law or ordinance).

2.  You are required to take a chemical test or tests to determine the quantity of alcohol or controlled substance present. If you refuse to comply with this requirement, I am authorized to apply for a Search Warrant. Proceedings under the implied consent law are civil in nature, not criminal. As a matter of law, you have no right to consult with an attorney before taking a chemical test or tests of your blood, breath or urine.

3.  If the results of the test indicate you are under the influence of alcohol, or a controlled substance, you may be subject to criminal penalties and your driving privilege will be suspended for ninety (90) days and you may be required to drive only vehicles equipped with an ignition interlock device.

4. After undergoing all chemical tests required by me at a place and in a manner prescribed by and at the expense of my agency, you may be taken to the nearest hospital or clinic to secure any additional tests at your own expense.

5. (a.)  I am requiring that you take a breath test at my agency’s expense. Do you agree to this test? (Or)

(b.)  I am requiring that you take either a blood or urine test at my agency’s expense. Do you agree to this test? Which test do you choose? (Or)

(c.)  I have probable cause to believe you are impaired by a controlled substance not subject to testing of breath and I am requiring you to submit to a ** (blood or urine) test. Do you agree to this test.

WYOMING COMMERCIAL VEHICLE IMPLIED CONSENT ADVISEMENT

The peace officer should read the following to the person:

As a peace officer I must advise you that:

1. You were driving or in actual physical control of a commercial vehicle with alcohol or controlled substance in your system.

2.  You are required to take a chemical test or tests to determine the quantity of alcohol or controlled substance present. If you refuse to comply with this requirement, I am authorized to apply for a Search Warrant. Proceedings under the implied consent law are civil in nature, not criminal. As a matter of law, you have no right to consult with an attorney before taking a chemical test or tests of your blood, breath or urine.

3.  If the results of the test  indicate an alcohol concentration of four one-hundredths of one percent 0.04%) or more, it shall result in a disqualification for a period of not less than one (1) year to life.

4. If the results of the test indicate a blood alcohol concentration of less than four one-hundredths of one percent (0.04%), you shall be placed out-of-service for twenty-four (24) hours.

5. You may be taken to the nearest hospital or clinic to secure any or all required tests at your own expense or any remaining required tests shall be administered by a person at a place and in a manner prescribed by and the expense of my agency.

6. (a.)  I am requiring that you take a breath test at my agency’s expense. Do you agree to this test? (Or)

(b) I am requiring that you take either a blood or urine test. Do you agree to this test? Which test do you choose? Do you want to take this test at my agency’s expense or at your expense? (Or)

(c.)  I have probable cause to believe you are impaired by a controlled substance not subject to testing of blood or breath and I am requiring you to submit to a urine test. Do you agree to this test? Do you want to take this test at my agency’s expense or at your expense? 

WYOMING IMPLIED CONSENT ADVISEMENT FOR YOUTHFUL DRIVERS

 For driver under the age of 21 who is arrested for a violation of W.S. 31-5-234

(For violations under 31-5-233 or other similar law or ordinances, implied consent advisement for W.S 31-6-102 must be read.)

The peace officer should read the following to the arrested person:

As a peace officer, I must advise you:

1.  You are under arrest for being a youthful driver with a detectable alcohol  concentration. (W.S. 31-5-234 or any similar law or ordinance)

2. You are required to take a chemical test or tests to determine the quantity of alcohol present. If you refuse to comply with this requirement, I am authorized  to apply for a Search Warrant. Proceedings under the implied consent law are civil in nature, not criminal. As a matter of law, you have no right to consult with an attorney before taking a chemical test or tests of your blood, breath or urine.

3. If the results of the test indicate an alcohol concentration of two one-hundredths of one percent (0.02%) or more, you may be subject to criminal penalties and it  shall result in denial or suspension of your driver’s license or privilege to operate a motor vehicle for a period of ninety (90) days for a first offense, and six (6) months for a second offense in a two (2) year period and you may be required to drive only vehicles equipped with an ignition interlock device. 4. After all chemical tests required by me at a place and in a manner prescribed by and at the expense of my agency, you may be taken to the nearest hospital or clinic to secure any additional tests at your own expense.

5. (a.) I am requiring that you take a breath test at my agency’s expense. Do you agree to this test? (Or)

(b.) I am requiring that you take either a blood or urine test at my agency’s expense. Do you agree to this test? Which test do you choose?


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