Laramie Municipal Codes
10.24.040 Definitions
The following words and phrases, when used in this article, shall for the
purpose of this article, have the meaning respectively defined as follows:
A. "Department" means the Department of Transportation of the state of
Wyoming;
B. "Law enforcement officer" means every officer authorized by state, county
or municipal statute or ordinance to direct or regulate traffic or to make
arrests for violations of traffic regulations;
C. "Motor vehicle" means every vehicle which is self-propelled. (Ord. 1181 §
1, 1996; Ord. 638 § 1, 1980).
A. No person shall drive or have actual physical control of any vehicle within
this city if the person: I. Has an alcohol concentration of ten one-hundredths
of one percent or more; or
2. Is under the influence of alcohol, is under the influence of a drug or
controlled substance, or is under the influence of any combination of alcohol,
drug or controlled substance, to a degree which renders him incapable of
safely driving.
B. The fact that any person charged with a violation of this section is or has
been entitled to use the drug or controlled substance under the laws of the
state of Wyoming shall not constitute a defense against any charge of
violating this section. (Ord. 976 § 2, 1989: Ord. 790 § 2 (a, c), 1984).
10.24.020 Illegal blood alcohol amount
Upon the trial of any criminal action or proceeding arising out of acts
alleged to have been committed by any person while driving or being in actual
physical control of a vehicle while under the influence of alcohol, the amount
of alcohol in the person’s blood at the time alleged as shown by chemical
analysis of the person’s blood, urine, breath or other bodily substance shall
give rise to the following presumptions:
A. If there was at the time an alcohol concentration of five one-hundredths of
one percent or less, it shall be presumed that the person was not under the
influence of alcohol;
B. If there was at the time an alcohol concentration of more than five
one-hundredths of one percent but less than ten one-hundredths of one percent,
such fact shall not give rise to any presumption that the person was or was
not under the influence of alcohol, but it may be considered with other
competent evidence in determining whether the person was under the influence
of alcohol to a degree which renders him incapable of safely driving a motor
vehicle.
C. The provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question of
whether the person was under the influence of alcohol, including tests
obtained more than three hours after the alleged violation. (Ord. 976 § 3,
1989: Ord. 790 § 2 (b), 1984).
10.24.030 Violation—Conviction and sentencing
A. A person convicted of violating this chapter is guilty of a misdemeanor
punishable by imprisonment for not more than six months, a fine of not more
than seven hundred fifty dollars, or both. On a second conviction within five
years after a conviction for a violation of this section or other law
prohibiting driving while under the influence, he shall be punished by
imprisonment for not less than seven days nor more than six months and shall
not be eligible for probation or suspension of sentence or release on any
other basis until he has served at least seven days in jail: In addition, the
person may be fined not less than two hundred dollars nor more than seven
hundred fifty dollars. On a third or subsequent conviction within five years
after a conviction for a violation of this section or other law prohibiting
driving while under the influence, he shall be fined seven hundred fifty
dollars and punished by imprisonment for not less than thirty days nor more
than six months and shall not be eligible for probation or suspension of
sentence or release on any other basis until he has served at least thirty
days in jail. The court, after consultation with the sheriff, may order the
person to undergo outpatient alcohol or substance abuse treatment during any
mandatory period of incarceration. The minimum period of imprisonment for a
third or subsequent violation shall be mandatory, but the court may suspend up
to fifteen days of the mandatory period of imprisonment if, subsequent to the
date of the current violation, the offender completes an inpatient treatment
program approved by the court. The judge may suspend all or part of the
discretionary portion of an imprisonment sentence under this subsection if the
defendant agrees to pursue and completes an alcohol education or treatment
program as prescribed by the judge. The term of probation imposed by a judge
under this section may exceed the maximum term of imprisonment established for
the offense under this section, provided the term of probation together with
any extension thereof shall in no case exceed three years.
B. Any person convicted under the provisions of this chapter may, in addition
to the penalty imposed, have his driver’s license suspended or revoked
pursuant to W.S. 31-7-127 or 31-7-128. The court shall forward to the
department a copy of the record pertaining to disposition of the arrest or
citation.
C. The court may, upon pronouncement of any jail sentence under subsection A
of this section, provide in the sentence that the defendant may be permitted,
if he is employed or enrolled in school and can continue his employment or
education, to continue such employment or education for not more than the time
necessary as certified by his employer or school administrator, and the
remaining day, days or part of days shall be spent in jail until the sentence
is served. He shall be allowed out of jail only long enough to complete his
actual hours of employment or education and a reasonable time to travel to and
from his place of employment or school.
D. Upon any trial under the provisions of this chapter, a duly authenticated
or certified copy of the record of prior convictions and judgments of any
court for any of the offenses charged against the defendant shall be prima
facie evidence of such convictions and judgments and may be used in evidence
against the defendant. Identification photographs, fingerprints, date of birth
and social security numbers that are part of the court’s or arresting agency’s
records of such prior convictions and judgments shall be prima facie evidence
of the identity of the defendant and certified copies thereof may be used in
evidence against the defendant.
E. In any proceeding under this chapter in which the defendant challenges the
validity of a prior conviction or judgment on constitutional grounds, the
defendant shall file a motion stating with specificity the manner in which the
defendant was deprived of his constitutional rights, which motion shall be
filed with the clerk of the municipal court and a copy served on the court
that rendered the prior judgment, and on the prosecuting attorney in the
present proceeding, at least ten days prior to the hearing thereon. The
municipal court shall then hold a hearing in order to determine the
constitutional validity of a prior conviction issue. (Ord. 976 § 4, 1989: Ord.
790 § 2 (d-h), 1984).
Article II. Implied Consent
The following words and phrases, when used in this article, shall for the
purpose of this article, have the meaning respectively defined as follows:
A. "Department" means the Department of Transportation of the state of
Wyoming;
B. "Law enforcement officer" means every officer authorized by state, county
or municipal statute or ordinance to direct or regulate traffic or to make
arrests for violations of traffic regulations;
C. "Motor vehicle" means every vehicle which is self-propelled. (Ord. 1181 §
1, 1996; Ord. 638 § 1, 1980).
A. Any person who operates or is in actual physical control of a motor
vehicle within the city is deemed to have given consent, subject to the
provisions of this article, to a chemical test or tests of his blood, breath
or urine for the purpose of determining the alcohol concentration or
controlled substance content of his blood if arrested and officially charged
for an offense as defined by Section 10.24.010. The test or tests shall be
incidental to a lawful arrest and shall be give as promptly as possible
after the arrest and administered at the direction of a law enforcement
officer who has probable cause to believe the person was driving or in
actual physical control of a motor vehicle upon a street or highway in
violation of Section 10.24.010. The law enforcement officer who requires a
test pursuant to this section may direct that the test shall be of the
blood, breath or urine. However if the officer directs that the test be of
the person’s blood or urine, the person may choose whether the test shall be
of blood or urine. The person has this option unless the law enforcement
officer has probable cause to believe there is impairment by a controlled
substance which is not subject to testing by a blood or breath test in which
case a urine test may be required.
B. For tests required under this chapter, the arrested person shall be
advised that:
1. His failure to submit to all required chemical tests requested by the law
enforcement officer shall result in the suspension of his Wyoming driver’s
license or his privilege to operate a motor vehicle for a period of six
months for a first offense or eighteen months for a second or subsequent
offense as provided by W.S. 31-6-107;
2. If a test is taken and the results indicate the person is under the
influence as prescribed by Section 10.24.010, he may be subject to criminal
penalties. and his Wyoming driver’s license or his privilege to operate a
motor vehicle shall be suspended for ninety days;
3. After submitting to all required chemical tests requested by the law
enforcement officer at a place and in a manner prescribed by and at the
expense of the agency employing the law enforcement officer, the arrested
person may go to the nearest hospital or clinic and secure any additional
tests at his own expense; and
4. If he refuses to take all required tests, he shall not be eligible for
limited driving privileges.
C. Results of tests obtained at the arrested person’s expense shall be made
available to the arresting officer and to the arrested person. Disclosure of
the test results by the person administering the test is not a violation of
the doctor-patient relationship. (Ord. 1181 § 2, 1996; Ord. 976 § 5, 1989:
Ord. 638 § 2 (a), 1980).
10.24.060 Method of performing chemical analysis
Chemical analysis of a person’s blood, breath or urine to determine alcohol concentration or controlled substance content shall be performed according to methods approved by the division of health and medical services of the department of health and social services and by an individual possessing a valid permit to conduct such analysis, the permit being issued by the division of health and medical services of the department of health and social services for this purpose. (Ord. 976 § 6, 1989: Ord. 638 § 3 (a), 1980).
10.24.070 Inability to refuse test not considered refusal
Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal to submit to the tests is deemed to have given his consent as described in Section 10.24.050, and the test or tests may be administered. (Ord. 976 § 7, 1989: Ord. 638 § 2 (b), 1980).
10.24.080 Test refusal—License suspension
If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement officer as provided in Section 10.24.050, none shall be given, except in cases where serious bodily injury or death has resulted, but the person’s license may be suspended as provided by state law. (Ord. 976 § 8, 1989: Ord. 638 § 2 (c), 1980).
10.24.090 Test refusal—Admissible evidence
If a person under arrest refuses to submit to a chemical test under the provisions of this chapter, evidence of such refusal shall be admissible in any administrative, civil or criminal action or proceedings arising out of acts alleged to have been committed while the arrested person was driving or in actual physical control of a motor vehicle in violation of Section 10.24.010. (Ord. 976 § 7, 1989: Ord. 638 § 3 (f), 1980).
10.24.100 Who may withdraw blood
When a person submits to a blood test at the request of a law enforcement officer under the provisions of this article, only a physician, registered nurse, qualified clinical or laboratory technician or other person who routinely does venipunctures at the direction of a physician may withdraw blood for the purpose of determining the alcohol concentration or controlled substance content therein. This limitation does not apply to the taking of other specimens. (Ord. 976 § 10, 1989: Ord. 638 § 3 (b), 1980).
10.24.110 Arrested driver may request test
A person arrested for any offense allegedly committed while the person was driving or in actual physical control of a motor vehicle in violation of Section 10.24.010, may request the law enforcement officer to have a chemical test made of the arrested person’s blood, breath or urine for the purpose of determining the alcohol concentration or controlled substance content of the arrested person’s blood and, if so requested, the law enforcement officer shall have the test performed in accordance with this chapter if the test is available in or near the locality where the arrest was made in which case it shall be given as promptly as possible after the arrest. (Ord. 976 § 11, 1989: Ord. 638 § 3 (c), 1980).
10.24.120 Additional test at tested person’s expense
The person tested may, at his own expense, have a physician, registered nurse, chemist or qualified clinical or laboratory technican, or any other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admissibility in evidence of the test or tests taken at the direction of a law enforcement officer. (Ord. 638 § 3(d), 1980).
10.24.130 Availability of test information
Upon request of a person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or his attorney. (Ord. 638 § 3 (e), 1980).
10.24.140 Test administrator—Not liable for suit
No physician, registered nurse, qualified clinical or laboratory technician or other person who routinely does venipunctures at the direction of a physician shall incur any civil or criminal liability as a result of the proper and acceptable administering of a blood test when requested in writing by a law enforcement officer or any other person, to administer such a test. (Ord. 976 § 12, 1989: Ord. 638 § 4, 1980).
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