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Bryant v. State ex rel Department of Transportation9/24/2002
to chemical tests prescribed by the Wyoming Highway Patrol, not necessarily those prescribed by the DOH. We agree with Bryant that the "Officer's Signed Statement" does not indicate that he was specifically offered and refused tests prescribed by the DOH. However, we have not found any law that requires WyDOT to demonstrate that Bryant was offered a chemical test approved of by the DOH in this situation.
[ ] Wyo. Stat. Ann. § 31-6-102 (LexisNexis 2001) provides authority for driver's license suspensions when someone has refused to submit to chemical testing (commercial disqualification):
(i) Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in this state is deemed to have given consent .. . to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol concentration . . . of his blood. . . .
(ii) For tests required under this act, the arrested person shall be advised that:
(A) His failure to submit to all required chemical tests requested by the peace 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 (6) months for a first offense . . .
(D) If he refuses to take all required tests, he shall not be eligible for limited driving privileges.
(d) If a person under arrest refuses upon the request of a peace officer to submit to a chemical test designated by the agency employing the peace officer as provided in subsection (a) of this section, none shall be given except in cases where serious bodily injury or death has resulted. The peace officer shall submit his signed statement to the department. The statement submitted by the officer shall contain:
(ii) That the person refused to submit to a test upon the request of the peace officer.
For purposes of this case, the requirements under Wyo. Stat. Ann. § 31-7-307 (LexisNexis 2001) for commercial disqualifications are virtually identical.
[ ] Bryant complains that nothing in the record indicates what type of chemical tests Officer Bisceglia's agency prescribes. What the record does show, however, is that Officer Bisceglia gave Bryant the implied consent advisement required under Wyoming law, and Bryant refused to submit to chemical testing as required. Bryant cannot establish that any chemical analysis of his blood, breath or urine would not have been performed according to methods approved of by the DOH because he refused chemical testing. The question of whether the tests were approved arises once the test is performed, not before.
[ ] Finally, the Refusal form that Bryant signed included the following advisement:
You have been advised by a peace officer of the requirement to submit to all chemical tests and . . . your failure to do so shall result in a suspension of your driver's license or your privilege to operate a motor vehicle.
Bryant's refusal to submit to all chemical tests necessarily included those authorized by the DOH.
[ ] We hold that substantial evidence supported the hearing examiner's decision to uphold the six month implied consent suspension of Bryant's driver's license as well as its decision to uphold the one-year commercial license disqualification.
[ ] Affirmed.
Page 1 2 3 4 Wyoming DUI Attorneys
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