Wyoming DUI Chemical Evidence

When you are arrested for drunk driving in Wyoming, the police will likely want to take a chemical sample from you to determine the presence of and level of alcohol or drugs in your system. Below is an overview of what to expect from DUI chemical testing in Wyoming.

Wyoming DUI Chemical Testing Procedure:

A chemical test is only valid if the officer's actions in arresting the driver were legal, and if the test was given as soon as reasonably possible after the arrest. If the driver takes a chemical test, he or she has the right to be transported to the nearest independent testing center to obtain another test. Only laboratories licensed by the State can perform chemical analyses and only licensed medical personnel can take a sample of blood from the driver for testing. If the driver refuses to take a test, the fact of that refusal is admissible in a criminal case against him or her.

Source: Wyoming Code Title 31 (Motor Vehicles) section 31-6-102, 31-6-105

Interpretation of Wyoming DUI tests:

If a chemical test of a noncommercial driver's blood, breath, or other bodily substance reveals a BAC of 0.05 or less, the driver is presumed to not be under the influence. This means that unless the driver is proven to have been under the influence by some evidence which is more persuasive than the test result, the driver will be considered to have been sober. If the test reveals a BAC of at least 0.08 it is assumed that the driver was under the influence.
Source: Wyoming Code Title 31 (Motor Vehicles) section 31-5-233(c)

Types and methods of chemical testing used in Wyoming DUI arrests:

The Wyoming Department of Health runs an alcohol testing laboratory which is primarily responsible for testing samples for DUI prosecutions. The laboratory tests samples of blood and urine for the concentration of alcohol with a gas chromatograph-mass spectrometer. In principle, these devices are basically filters which use known features about chemicals (molecular weight, for example) to cause each of the chemical compounds that makes up a sample to exit the device at a different time so that the detector can keep track of how much of each chemical (specifically ethyl and other low-weight alcohols in DUI investigations) the sample contains. Valid samples must be at least 2 milliliters of blood or urine and must be stored in an approved container with a preservative.

For further reference see: http://wdh.state.wy.us/phsd/lab/alcohol.html