Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the DUI topic
No spam. Unsubscribe anytime.
Committee asks LSO for draft to criminalize interference with DUI blood draws; technical cleanups requested
Summary
Members voted to ask Legislative Service Office to draft a bill that would make obstructing a lawful blood draw in a DUI investigation a distinct enhanced offense, and separately asked for alignment of CDL implied-consent language to permit blood testing for non-alcohol substances.
After hearing from law-enforcement leaders about evolving testing methods and practical obstacles to collecting blood evidence in suspected drug-impaired driving cases, the Judiciary committee directed staff to prepare two narrow drafting items.
Alan Thompson of the Wyoming Association of Sheriffs and Chiefs of Police highlighted an inconsistency between commercial driver's implied-consent language and the non-CDL statutory language that guides blood and urine testing. He asked the committee to authorize a technical statutory cleanup so officers can require blood tests (rather than limited urine options) where a breath test cannot detect non-alcohol substances.
Separately, Representative [motion sponsor] moved and the committee approved a request that LSO draft a provision amending the interference-with-peace-officer statute (65-2-204) to add a new subsection for knowingly and intentionally obstructing a peace officer's attempt to obtain a lawful blood draw in a DUI investigation. The sponsor framed the change as intended to deter obstruction and preserve critical evidence in fatal or serious cases.
Prosecutors and the Department of Corrections cautioned that any new offense should be crafted narrowly to avoid unintended consequences; law enforcement noted some counties have practical limits on obtaining blood draws and urged attention to execution of search warrants to obtain samples.
Next steps: LSO will prepare the two draft provisions for the committee to review at a future meeting.
