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.
Who handles this in Wyoming: Wyoming State Bar, attorney referrals; and legal aid programs and the state offices, listed in the Wyoming directory.
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.
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.
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.
Sources for this section (4)
- W.S. 31-6-102 — Test to determine alcoholic or controlled substance content of blood; suspension of license
- W.S. 31-6-103 — Application for hearing; stay of suspension of license; scope of hearing
- Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
- 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.