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11 withdrawn until, in the opinion of medical personnel on the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