A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
ALCOHOL CONCENTRATION:
1. The number of grams of alcohol per one hundred milliliters (100 ml) of blood;
2. The number of grams of alcohol per two hundred ten liters (210 l) of breath; or
3. The number of grams of alcohol per seventy five milliliters (75 ml) of urine.
CONTROLLED SUBSTANCE: A drug, substance, or immediate precursor in Wyoming Statutes schedules I through V of article III 1 .
CONVICTION: A final conviction and shall include:
1. An unvacated adjudication of guilt or a determination of a violation in a court of original jurisdiction or an administrative proceeding;
2. An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court;
3. A plea of guilty or nolo contendere accepted by the court;
4. The payment of a fine or court cost; or
5. Violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated.
DRIVER'S LICENSE: As defined in Wyoming Statutes subsection 31-7-102(a)(viii) and includes nonresident operating privileges as defined in Wyoming Statutes subsection 31-7-102(a)(xiii).
OTHER LAW PROHIBITING DRIVING WHILE UNDER THE INFLUENCE: A statute of another state, the United States or a territory or district of the United States or an ordinance of a governmental entity of this or another state or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs.
B. Driving Or Actual Physical Control Prohibited: No person shall drive or have actual physical control of any vehicle within the town if the person: (1987 Code § 10.16.070)
1. Has an alcohol concentration of eight one-hundredths of one percent (0.08%) or more; or (Ord. 2-03, 8-15-2003)
2. To a degree which renders him incapable of safely driving:
a. Is under the influence of alcohol;
b. Is under the influence of a controlled substance; or
c. Is under the influence of a combination of any of the elements named in subsections B2a and B2b of this section.
C. Presumptions From Chemical Analysis: Upon the trial of any criminal action or proceeding arising out of the acts alleged to have been committed by any person while driving or being in actual physical control of a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration of five one-hundredths of one percent (0.05%) or less, it shall be presumed that the person was not under the influence of alcohol. (1987 Code § 10.16.070)
2. If there was at that time an alcohol concentration of more than five one-hundredths of one percent (0.05%) and less than eight one-hundredths of one percent (0.08%), that fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining whether the person was under the influence of alcohol to a degree which renders him incapable of safely driving a motor vehicle. (1987 Code § 10.16.070; amd. Ord. 2-03, 8-15-2003)
D. Other Competent Evidence: Subsection C of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than three (3) hours after the alleged violation. The fact that any person charged with a violation of subsection B of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection B of this section. (1987 Code § 10.16.070)
E. Penalty: Any person convicted under this section shall be punished pursuant to Wyoming Statutes sections 31-5-233(e) and (f). (Ord. 2016-05, 4-7-2016)
F. License Suspension Or Revocation: Any person convicted under this section shall, in addition to the penalty imposed, have his driver's license suspended or revoked pursuant to Wyoming Statutes section 31-7-127 or 31-7-128. The court shall forward to the Wyoming state department of motor vehicles, a copy of the record pertaining to disposition of the arrest or citation.
G. Release For Employment Or Education: The court may, upon pronouncement of any jail sentence under subsection E of this section, provide in the sentence that the defendant may be permitted, if he is employed or enrolled in school and can continue his employment or education, to continue such employment or education for not more than the time necessary as certified by his employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment or education and a reasonable time to travel to and from his place of employment or school.
H. Prosecution: Any person charged under this section shall be prosecuted under this section and not under a reduced charge or dismissed, unless the prosecuting attorney, in open court, moves or files a statement to reduce the charge or dismiss, with supporting facts, stating that there is insufficient evidence to sustain the charge. (1987 Code § 10.16.070)
I. Chemical Analysis: Chemical analysis of a person's blood, breath or urine to determine alcohol concentration or controlled substance content shall be performed in accordance with Wyoming Statutes section 31-6-105, including subsection (d). (Ord. 2013-05, 11-21-2013)
Notes
| 1 | 1. WS § 35-7-1011 et seq. |