HB0311 - DUI-blood alcohol content.
|
2001 |
State of Wyoming |
01LSO-0662 |
HOUSE BILL NO. HB0311
DUI-blood alcohol content.
Sponsored by: Representative(s) Iekel, McOmie and Watt and
Senator(s) Geis
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
Page 1
1 31-5-233. Driving or having control of
vehicle while
2 under influence of
intoxicating liquor or controlled
3 substances; penalties.
4
5 (b) No person
shall drive or have actual physical
6
control of any vehicle within this state if the person:
7
8 (i) Has an
alcohol concentration of ten
one-hundredths of one percent (0.10%)
eight one-hundredths
10 of
one percent (0.08%) or more; or
11
12 (c) Upon the
trial of any criminal action or
13 proceeding arising out of acts alleged to
have been
14 committed by any person while driving or
being in actual
15 physical control of a vehicle while under
the influence of
16 alcohol, the amount of alcohol in the
person's blood at the
17 time alleged as shown by chemical analysis
of the person's
18 blood, urine, breath, or other bodily
substance shall give
19 rise to the following presumptions:
20
21 (ii) If there
was at that time an alcohol
22 concentration of more than five one-hundredths
of one
23 percent (0.05%) and less than ten one-hundredths of one
percent (0.10%) eight one-hundredths of one percent
Page 2
1 (0.08%), that fact shall not give rise to any
presumption
2 that
the person was or was not under the influence of
3
alcohol, but it may be considered with other competent
4
evidence in determining whether the person was under the
5
influence of alcohol to a degree which renders him
6
incapable of safely driving a motor vehicle.
7
8 31-6-102. Test to determine alcoholic
or controlled
9 substance content of
blood; suspension of license.
10
11 (e) If a person
submits to chemical testing and the
12 test result indicates the person has an
alcohol
13 concentration of ten
one-hundredths of one percent (0.10%)
15 peace officer shall submit his signed
statement to the
16 department. Based upon the statement the
department shall
17 suspend the person's Wyoming driver's
license or his
18 privilege to operate a motor vehicle in this
state for
19 ninety (90) days. If a criminal conviction
results from the
20 same incident on which a suspension under
this subsection
21 is based, the suspension under W.S. 31-7-128(b)
or
22 revocation under W.S. 31-7-127(a)(ii) shall
be reduced by
23 ninety (90) days. The statement submitted by
the officer
24 shall contain:
Page 3
1
2 (iii) The person
had an alcohol concentration of
3 ten one-hundredths of one percent (0.10%) eight one-
4 hundredths of one percent (0.08%) or more.
5
6 31-6-103. Application for hearing;
stay of suspension
7 of license; scope of
hearing.
8
9 (b) The scope
of a hearing for the purposes of this
10 act shall cover the issues of whether a peace
officer had
11 probable cause to believe the arrested
person had been
12 driving or was in actual physical control of
a motor
13 vehicle upon a public street or highway in
this state in
14 violation of W.S. 31-5-233(b) or any other
law prohibiting
15 driving under the influence as defined by
W.S.
16 31-5-233(a)(v), whether the person was
placed under arrest,
17 whether he refused to submit to a test upon
request of the
18 peace officer or if he submitted to a test
whether the test
19 results indicated that the person had an
alcohol
20 concentration of ten
one-hundredths of one percent (0.10%)
22 whether, except for the persons described in
this act who
23 are incapable of refusing, he had been
advised that his
24 Wyoming driver's license or privilege to
operate a motor
Page 4
1
vehicle shall be suspended for the period provided by W.S.
2 31-6-107
if he refused to submit to a test and suspended
3 for
ninety (90) days and subject him to criminal penalties
4 if
he submitted to the test and the results indicate the
5
person is under the influence of alcohol. At the conclusion
6 of
the hearing, the hearing examiner shall order that the
7
suspension either be rescinded or sustained. If the person
8
submitted to a chemical test, the hearing examiner has the
9
same authority to modify a license suspension under this
10 act as he does under W.S. 31-7-105.
11
12 41-13-206. Operation of watercraft by
intoxicated or
13 drugged person prohibited.
14
15 (c) No person
shall operate or be in actual physical
16 control of a watercraft if the person:
17
18 (ii) Has an
alcohol concentration of ten
one-hundredths
of one percent (0.10%) eight
one-hundredths
20 of
one percent (0.08%) or more; or
21
22 (iii) Has an
alcohol concentration of ten
one-hundredths
of one percent (0.10%) eight
one-hundredths
Page 5
1 of one percent (0.08%) or more as measured within
three (3)
2 hours
of the time of operation or actual physical control.
3
4 (d) In any
criminal prosecution for a violation of
5
this section relating to operating or being in actual
6
physical control of a watercraft while under the influence
7 of
alcohol, the amount of alcohol in the defendant's blood
8 at
the time alleged as shown by chemical analysis of the
9
defendant's blood, urine, breath or other bodily substance
10 shall give rise to the following
presumptions:
11
12 (ii) If there
was at that time an alcohol
13 concentration of more than five one-hundredths
of one
14 percent (0.05%) and less than ten one-hundredths of one
percent (0.10%) eight one-hundredths of one percent
16 (0.08%),
that fact shall not give rise to any presumption
17 that the defendant was or was not under the
influence of
18 alcohol, but it may be considered with other
competent
19 evidence in determining the guilt or
innocence of the
20 defendant.
21
22 (e) Nothing in
subsection (d) of this section shall
23 be construed as limiting the introduction of
any other
24 competent evidence bearing upon the question
of whether or
Page 6
1 not
the defendant was under the influence of alcohol,
2
including tests obtained more than three (3) hours after
3 the
alleged violation. The fact that any person charged
4
with a violation of subsection (c) of this section is or
5 has
been entitled to use the controlled substance under the
6
laws of this state shall not constitute a defense against
7 any
charge under this section. It is an affirmative defense
8 to
a violation of paragraph (c)(iii) of this section that
9 the
defendant consumed a sufficient quantity of alcohol
10 after the time of actual operation or
physical control of a
11 watercraft and before the administration of
the evidentiary
12 test to cause the defendant's alcohol
concentration to
13 exceed ten one-hundredths
of one percent (0.10%) eight one-
14 hundredths of one
percent (0.08%) but evidence of the
15 consumption may not be admitted unless
notice is given to
16 the prosecution pursuant to Rule 16.1 12.1
of the Wyoming
17 Rules of Criminal Procedure.
18
19 Section 2. This act is effective July 1, 2001.
20
21 (END)
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