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Farmer v. State9/9/1999
of intoxication or nonintoxication." Id., at 1193 (citing Nowell v. Department of Motor Vehicles, 83 Wash.2d 121, 516 P.2d 205 (1973)).
The first two of these goals, deterrence and public safety, are best served when license revocation unavoidably follows refusal to take a test. A bright line rule provides this certainty.
The goal of evidentiary reliability is harder to assess. Lax argues the flexible rule is a better way to achieve this goal because it would result in more drivers being tested. However, the quality as well as the quantity of evidence must be considered. Delay in testing generally favors the DWI suspect by giving time for the body to "burn off" alcohol. State v. Bence, 29 Wash.App. 223, 227, 627 P.2d 1343, review denied, 96 Wash.2d 1002 (1981).
Courts adopting the flexible rule have tried to deal with this problem by allowing a refusal to be withdrawn only when the evidence is still reliable, but reliability may be hard for an officer to assess. It will vary depending upon how long ago the driver stopped drinking. If absolute reliability is difficult to assess, however, relative reliability is not. Following the reasoning of
Bence, the sooner the test is given, the more reliable it normally is. It would seem, therefore, the goal of evidentiary reliability is better fostered by a bright line rule discouraging delay in testing.
We therefore find the legislative purpose of the implied consent law is best promoted by a bright line rule. We also think a bright line rule has great practical importance because it is more efficient with regard to law enforcement resources. If a refusal can be withdrawn or negated, the drunk driver has a tool which could be used to manipulate the officer and gain extra time. The circumstances of the refusal and consent might have to be weighed in many cases. This individualized consideration may take time more profitably spent dealing with other, perhaps more urgent tasks.
Lax, 888 P.2d at 1193 (citations omitted).
Considering the statutory language and the policy considerations behind it, we conclude that adoption of the bright line rule is the most consistent course to take. Since Farmer initially refused to take the test, his subsequent consent cannot change the legal fact or consequences of that initial refusal.
Farmer attempts to raise two additional issues. First, he argues that the police officer did not have reasonable suspicion to make the initial stop, and second, he claims that he should have been allowed to consult with an attorney prior to making the decision whether or not to consent to the test. Neither of these claims are supported by cogent argument or citation to proper authority. We have stated on numerous occasions that this Court will not consider arguments which are not cogent or supported by legal authority. State ex rel. Reece v. Wyoming State Board of Outfitters and Professional Guides, 931 P.2d 958, 959 (Wyo. 1997); Hamburg v. Heilbrun, 891 P.2d 85, 87 (Wyo. 1995); Kipp v. Brown, 750 P.2d 1338, 1341 (Wyo. 1988). Therefore, we refuse to consider Farmer's arguments, and summarily affirm the decision below. W.R.A.P. 1.03 & 7.01(f); State ex rel. Reece, 931 P.2d at 959.
CONCLUSION
We adopt the bright line rule that once a driver has refused to submit to a chemical test, pursuant to Wyo. Stat. Ann. § 31-6-102(d), the driver may not rescind that decision with a subsequent consent, and, therefore, he is bound by the legal consequences of his initial refusal. Accordingly, the Department's decision upholding the suspension of Farmer's driver's license is hereby affirmed.
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