1999 State of Wyoming 99LSO-0264
HOUSE BILL NO. HB0201
Motor vehicle fatalities-mandatory testing.
Sponsored by: Representative(s) Wasserburger, Deegan,
McMurtrey, Rose, T. and Tipton and
Senator(s) Youngbauer
A BILL
for
1 AN ACT relating to motor vehicles; providing for the
2 mandatory testing of operators of motor vehicles involved in
3 accidents causing a fatal injury; specifying conditions;
4 conforming a definition; and providing for an effective
5 date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 31-6-109 is created to read:
10
11 31-6-109. Testing of motor vehicle operator involved
12 in accident resulting in death.
13
14 (a) The operator of a motor vehicle involved in an
15 accident that results in a death is deemed to have given
16 consent, subject to the provisions of this section, to a
17 chemical test or tests of his blood, breath or urine for the
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1 purpose of determining the alcohol concentration or
2 controlled substance content of his blood. Notwithstanding
3 W.S. 31-6-102(a)(i), the operator of any motor vehicle
4 involved in an accident that results in a death shall be
5 tested for the purpose of determining the alcohol content or
6 controlled substance content of his blood if the person may
7 have been at fault in causing the accident. Any blood
8 withdrawal required by this section shall be administered by
9 a qualified person and shall be administered within two (2)
10 hours after the accident, if possible. However, no blood
11 may be withdrawn until, in the opinion of medical personnel
12 on the scene, the withdrawal can be administered without
13 interfering with or endangering the well-being of the
14 person. The exact time of the accident, to the extent
15 possible, and the exact time of the testing of a motor
16 vehicle operator's blood shall be recorded.
17
18 (b) If the investigating peace officer has reasonable
19 grounds to believe that a person is the operator of a motor
20 vehicle involved in an accident that has resulted in death
21 and that the person may have been at fault in causing the
22 accident, the officer shall request the person to submit to
23 the test required by this section and may direct that the
24 test shall be of the person's blood, breath or urine.
25 However, if the officer directs that the test be of the
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1 person's blood or urine, the person may choose whether the
2 test shall be of blood or urine. The person has this option
3 unless the peace officer has probable cause to believe there
4 is impairment by a controlled substance which is not subject
5 to testing by a blood or breath test in which case a urine
6 test may be required.
7
8 (c) No person may refuse to submit to a chemical test
9 or a test of his blood, breath or urine required under the
10 provisions of this section. Any person refusing to submit to
11 the test shall surrender his driver's license to the peace
12 officer at the scene of the accident and shall not be
13 eligible for limited driving privileges under subsection (g)
14 of this section. The peace officer shall submit his signed
15 statement to the department that the person refused to
16 submit to the required testing. The statement submitted by
17 the officer shall contain:
18
19 (i) His probable cause to believe the arrested
20 person was driving or in actual physical control of a motor
21 vehicle:
22
23 (A) On a public street or highway in this
24 state;
25
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1 (B) That the person may have been at fault
2 in causing the accident that resulted in the death of a
3 person; and
4
5 (ii) That the person refused to submit to a test
6 upon the request of the peace officer.
7
8 (d) Results of tests obtained at the arrested person's
9 expense shall be made available to the arresting officer and
10 the arrested person. Disclosure of the test results by the
11 person administering the test is not a violation of the
12 doctor-patient relationship.
13
14 (e) The results of the test administered pursuant to
15 this section may be used as evidence in any court or
16 administrative hearing without the consent of the person
17 tested.
18
19 (f) If a person submits to chemical testing and the
20 test result indicates the person has an alcohol
21 concentration of ten one-hundredths of one percent (0.10%)
22 or more, the peace officer shall submit his signed statement
23 to the department. Based upon the statement the department
24 shall suspend the person's Wyoming driver's license or his
25 privilege to operate a motor vehicle in this state for
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1 ninety (90) days. If a criminal conviction results from the
2 same incident on which a suspension under this subsection is
3 based, the suspension under W.S. 31-7-128(b) or revocation
4 under W.S. 31-7-127(a)(ii) shall be reduced by ninety (90)
5 days. The statement submitted by the officer shall contain:
6
7 (i) His probable cause to believe the arrested
8 person was driving or in actual physical control of a motor
9 vehicle:
10
11 (A) On a public street or highway in this
12 state;
13
14 (B) That the person may have been at fault
15 in causing the accident that resulted in the death of a
16 person.
17
18 (ii) That the person submitted to a test; and
19
20 (iii) The person had an alcohol concentration of
21 ten one-hundredths of one percent (0.10%) or more.
22
23 (g) In addition to the signed statement submitted
24 under subsection (f) of this section, the peace officer
25 shall issue the person a temporary license similar to but in
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1 lieu of the license authorized under W.S. 31-7-138. This
2 temporary license shall be valid for thirty (30) days, shall
3 not be renewed, shall contain a notice that the person has
4 twenty (20) days from the date of issuance within which to
5 request a hearing from the department and that failure to
6 timely request a hearing will result in the suspension
7 automatically commencing upon expiration of the temporary
8 license or upon expiration of any existing suspension or
9 revocation if the person's license or privilege is suspended
10 or revoked at the time the temporary license is issued.
11 W.S. 31-7-138(d) and (e) apply to a license under this
12 section. For purposes of this section, the peace officer
13 acts as an agent for the department when providing notice of
14 the suspension and notice of the opportunity for a hearing.
15 W.S. 31-7-137 applies to a notice under this act. Failure
16 to demand a hearing within the twenty (20) day period is a
17 waiver of the right of hearing, and the suspension shall
18 commence upon expiration of the temporary license or upon
19 expiration of any existing suspension or revocation if the
20 person's license or privilege is suspended or revoked at the
21 time the temporary license is issued. If a timely demand for
22 hearing is made, the department shall forward the demand to
23 the independent hearing examiner who shall schedule a
24 hearing within forty-five (45) days after receipt of the
25 request and provide the arrested person at least ten (10)
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1 days notice of the hearing. The hearing shall be conducted
2 by the hearing examiner. If the hearing examiner fails to
3 schedule the hearing within forty-five (45) days of the
4 request, other than at the request of the licensee, the
5 licensee, as his sole remedy, shall be given credit against
6 any action upheld at the hearing for the time between the
7 expiration of the forty-five (45) day period and the date
8 the hearing was first scheduled.
9
10 (h) For the purposes of this section, a signed
11 statement submitted by the peace officer under this section
12 shall be deemed a sworn statement and shall be subject to
13 penalties for perjury.
14
15 Section 2. W.S. 31-6-101(a)(v) is amended to read:
16
17 31-6-101. Definitions.
18
19 (a) As used in this act:
20
21 (v) "This act" means W.S. 31-6-101 through
22 31-6-107 31-6-109.
23
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1 Section 3. This act is effective immediately upon
2 completion of all acts necessary for a bill to become law
3 as provided by Article 4, Section 8 of the Wyoming
4 Constitution.
5
6 (END)
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