SF0088 - Driving under the influence-blood alcohol content.

 

2001

State of Wyoming

01LSO-0275

 

 

 

SENATE FILE NO.  SF0088

 

 

Driving under the influence-blood alcohol content.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to motor vehicles; lowering the threshold
 2  level of blood alcohol concentration for purposes of
 3  convictions for driving a vehicle or operating watercraft
 4  while under the influence of alcohol as specified;
 5  conforming provisions; amending an obsolete reference; and
 6  providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 31-5-233(b)(i) and (c)(ii),
11  31-6-102(e)(intro) and (iii), 31-6-103(b) and
12  41-13-206(c)(ii), (iii), (d)(ii) and (e) are amended to
13  read:

14 

15         31-5-233.  Driving or having control of vehicle while
16  under influence of intoxicating liquor or controlled
17  substances; penalties.

 

Page  1

 

 

 

 1 

 2         (b)  No person shall drive or have actual physical
 3  control of any vehicle within this state if the person:

 4 

 5              (i)  Has an alcohol concentration of ten
 6  one-hundredths of one percent (0.10%) eight one-hundredths
 7  of one percent (0.08%) or more; or

 8 

 9         (c)  Upon the trial of any criminal action or
10  proceeding arising out of acts alleged to have been
11  committed by any person while driving or being in actual
12  physical control of a vehicle while under the influence of
13  alcohol, the amount of alcohol in the person's blood at the
14  time alleged as shown by chemical analysis of the person's
15  blood, urine, breath, or other bodily substance shall give
16  rise to the following presumptions:

17 

18              (ii)  If there was at that time an alcohol
19  concentration of more than five one-hundredths of one
20  percent (0.05%) and less than ten one-hundredths of one
21  percent (0.10%) eight one-hundredths of one percent
22  (0.08%), that fact shall not give rise to any presumption
23  that the person was or was not under the influence of
24  alcohol, but it may be considered with other competent

Page  2

 

 

 

 1  evidence in determining whether the person was under the
 2  influence of alcohol to a degree which renders him
 3  incapable of safely driving a motor vehicle.

 4 

 5         31-6-102.  Test to determine alcoholic or controlled
 6  substance content of blood; suspension of license.

 7 

 8         (e)  If a person submits to chemical testing and the
 9  test result indicates the person has an alcohol
10  concentration of ten one-hundredths of one percent (0.10%)
11  eight one-hundredths of one percent (0.08%) or more, the
12  peace officer shall submit his signed statement to the
13  department. Based upon the statement the department shall
14  suspend the person's Wyoming driver's license or his
15  privilege to operate a motor vehicle in this state for
16  ninety (90) days. If a criminal conviction results from the
17  same incident on which a suspension under this subsection
18  is based, the suspension under W.S. 31-7-128(b) or
19  revocation under W.S. 31-7-127(a)(ii) shall be reduced by
20  ninety (90) days. The statement submitted by the officer
21  shall contain:

22 

 

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 1              (iii)  The person had an alcohol concentration of
 2  ten one-hundredths of one percent (0.10%) eight one-
 3  hundredths of one percent (0.08%) or more.

 4 

 5         31-6-103.  Application for hearing; stay of suspension
 6  of license; scope of hearing.

 7 

 8         (b)  The scope of a hearing for the purposes of this
 9  act shall cover the issues of whether a peace officer had
10  probable cause to believe the arrested person had been
11  driving or was in actual physical control of a motor
12  vehicle upon a public street or highway in this state in
13  violation of W.S. 31-5-233(b) or any other law prohibiting
14  driving under the influence as defined by W.S.
15  31-5-233(a)(v), whether the person was placed under arrest,
16  whether he refused to submit to a test upon request of the
17  peace officer or if he submitted to a test whether the test
18  results indicated that the person had an alcohol
19  concentration of ten one-hundredths of one percent (0.10%)
20  eight one-hundredths of one percent (0.08%) or more, and
21  whether, except for the persons described in this act who
22  are incapable of refusing, he had been advised that his
23  Wyoming driver's license or privilege to operate a motor
24  vehicle shall be suspended for the period provided by W.S.

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 1  31-6-107 if he refused to submit to a test and suspended
 2  for ninety (90) days and subject him to criminal penalties
 3  if he submitted to the test and the results indicate the
 4  person is under the influence of alcohol. At the conclusion
 5  of the hearing, the hearing examiner shall order that the
 6  suspension either be rescinded or sustained. If the person
 7  submitted to a chemical test, the hearing examiner has the
 8  same authority to modify a license suspension under this
 9  act as he does under W.S. 31-7-105.

10 

11         41-13-206.  Operation of watercraft by intoxicated or
12  drugged person prohibited.

13 

14         (c)  No person shall operate or be in actual physical
15  control of a watercraft if the person:

16 

17         (ii)  Has an alcohol concentration of ten
18  one-hundredths of one percent (0.10%) eight one-hundredths
19  of one percent (0.08%) or more; or

20 

21              (iii)  Has an alcohol concentration of ten
22  one-hundredths of one percent (0.10%) eight one-hundredths
23  of one percent (0.08%) or more as measured within three (3)
24  hours of the time of operation or actual physical control.

 

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 1 

 2         (d)  In any criminal prosecution for a violation of
 3  this section relating to operating or being in actual
 4  physical control of a watercraft while under the influence
 5  of alcohol, the amount of alcohol in the defendant's blood
 6  at the time alleged as shown by chemical analysis of the
 7  defendant's blood, urine, breath or other bodily substance
 8  shall give rise to the following presumptions:

 9 

10              (ii)  If there was at that time an alcohol
11  concentration of more than five one-hundredths of one
12  percent (0.05%) and less than ten one-hundredths of one
13  percent (0.10%) eight one-hundredths of one percent
14  (0.08%), that fact shall not give rise to any presumption
15  that the defendant was or was not under the influence of
16  alcohol, but it may be considered with other competent
17  evidence in determining the guilt or innocence of the
18  defendant.

19 

20         (e)  Nothing in subsection (d) of this section shall
21  be construed as limiting the introduction of any other
22  competent evidence bearing upon the question of whether or
23  not the defendant was under the influence of alcohol,
24  including tests obtained more than three (3) hours after

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 1  the alleged violation. The fact that any person charged
 2  with a violation of subsection (c) of this section is or
 3  has been entitled to use the controlled substance under the
 4  laws of this state shall not constitute a defense against
 5  any charge under this section. It is an affirmative defense
 6  to a violation of paragraph (c)(iii) of this section that
 7  the defendant consumed a sufficient quantity of alcohol
 8  after the time of actual operation or physical control of a
 9  watercraft and before the administration of the evidentiary
10  test to cause the defendant's alcohol concentration to
11  exceed ten one-hundredths of one percent (0.10%) eight one-
12  hundredths of one percent (0.08%) but evidence of the
13  consumption may not be admitted unless notice is given to
14  the prosecution pursuant to Rule 16.1 12.1 of the Wyoming
15  Rules of Criminal Procedure.

16 

17         Section 2.  This act is effective July 1, 2001.

18 

19                         (END)

 

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