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The DUI Stop

W.S. 31-6-102 — a test of blood, breath or urine, a 90 day suspension at 0.08, and 20 days to ask for a hearing

  • The officer may direct a test of blood, breath or urine; if blood or urine is directed, the person may choose which, unless a controlled substance a breath test cannot detect is suspected.
  • The person is told a result showing they are under the influence brings a 90 day suspension, and may bring criminal penalties and an ignition interlock.
  • After the officer's tests, the person may go to the nearest hospital or clinic for more tests at their own expense.
  • W.S. 31-6-102
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A refusal. If a person under arrest refuses the test, none is given, except where serious bodily injury or death resulted or a search warrant issues, which may be issued remotely.

  • W.S. 31-6-102

A result of 0.08 or more brings a 90 day suspension. The notice gives the person 20 days to request a hearing; without a request, the suspension begins 30 days after the notice. A timely request stays the suspension, and the hearing covers probable cause, the arrest and the result.

  • W.S. 31-6-102
  • W.S. 31-6-103

Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Birchfield v. North Dakota
  • Missouri v. McNeely
Sources for this section (4)
  1. W.S. 31-6-102 — Test to determine alcoholic or controlled substance content of blood; suspension of license
  2. W.S. 31-6-103 — Application for hearing; stay of suspension of license; scope of hearing
  3. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  4. Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.

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