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Moreno v. State6/9/1989
did we adopt a per se application of the rule that failed to analyze the character of the individual litigant's asserted right. Considering these opinions and our above discussion concerning the status of the irrebuttable presumption rule in present United States Supreme Court jurisprudence, we will not apply Vlandis and its progeny to this case in a way that might circumvent this court's established substantive due process or equal protection analysis. See Weinberger, 422 U.S. at 768-74, 95 S.Ct. at 2468-71, 45 L.Ed.2d at 540-44. A statute violates substantive due process when a litigant with standing shows that the challenged statute adversely affects a recognized life, liberty, or property entitlement and in doing so does not promote a legitimate state objective by reasonable means. Cf. Griswold v. State of Connecticut, 381 U.S. 479, 485-86, 85 S.Ct. 1678, 1682, 14 L.Ed.2d 510, 515-16 (1965); Cheyenne Airport Board, 707 P.2d at 727. State appellate courts writing to Moreno's fact situation have similarly declined to recognize a substantive due process violation. See Heninger v. Charnes, 200 Colo. 194, 613 P.2d 884, 888 (1980) (en banc), and other cases collected at Annotation, Automobiles: Validity and Construction of Legislation Authorizing Revocation or Suspension of Operator's License for "Habitual," "Persistent," or "Frequent" Violations of Traffic Regulations, 48 A.L.R.4th 367, § 6 at 411-15 (1986).
Moreno concedes he has no property right in his driver's license and that W.S. 31-7-105(d)(iii)(A) promotes a legitimate state objective by reasonable means. By doing so, he twice concedes the constitutionality of the statute he challenges.
The classification in W.S. 31-7-105(d)(iii)(A), which mandates that no second time DWUI offender can be eligible to receive a discretionary grant of limited driving privileges, is constitutional under the due process guarantees of both the U.S.Const.amends. V and XIV and Wyo. Const.art. 1, § 6.
Affirmed.
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