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Enahnced Sanctions for High BAC
The relative fatality risk for drivers with a high alcohol concentration (BAC of .15 or greater) in single-vehicle crashes is 385 times that of a zero-BAC driver. Drivers with a high BAC meet the DSM-IV criteria for alcohol abuse and are much more likely to become repeat offenders. Wyoming is one of ten states that have not enacted enhanced sanctions for drivers with a high BAC. By enacting a high BAC statute, Wyoming will more effectively identify and adjudicate those who pose a greater risk to public safety.
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Definition of Controlled Substance
Traditionally, alcohol has been the drug of choice for impaired drivers. Recently, Wyoming has experienced an increase of drug (non-alcohol) impaired driving. Law enforcement officers now have access to the tools to combat this problem. However, Wyoming's DUI statute allows users of some substances to drive impaired with relative impunity because the definition of controlled substance does not include all routes of administration into the body, nor does it include all psychoactive substances.
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Implied Consent
The implied consent law allows drivers to refuse a chemical test, thus withholding crucial evidence. There is no other crime in the State of Wyoming which allows a suspect to withhold physical evidence, even with a valid search warrant. Test refusals are most common with repeat offenders primarily because they are familiar with the implied consent law. In 2006 South Dakota amended their implied consent statute, requiring persons arrested for DUI to submit to the withdrawal of blood, breath or bodily substance for chemical analysis.
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Citation and Disposition Tracking
Identifying individuals arrested for or convicted of DUI in more than one county or municipality can be complicated in Wyoming, making it difficult to identify repeat offenders. The Wyoming Supreme Court has a system, the Statewide Court Information Store (SCIC), which can link all court systems statewide to identify such offenders, thus ensuring that all courts and law enforcement have the most complete information to effectively adjudicate DUI offenders. The problem is that less than 10% of the Municipal Courts currently provide their citation and disposition information to the SCIS.
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Chemical Testing of All Drivers in Fatal and Serious Injury Crashes
Improving chemical testing rates for all drivers involved in fatal and serious injury crashes is critical to the development, implementation and evaluation of countermeasures to combat impaired driving. However, current Wyoming statutes inhibit investigations of impaired drivers involved in serious crashes.
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Time of Test Law
The current wording of W.S. 31-5-233 (Driving Under the Influence) requires the state to prove the alcohol concentration at the time of driving, which is nearly impossible because the equipment needed to determinate a driver’s alcohol concentrations is not available at the scene of the incident. The statute should be amended to state that evidence of alcohol concentration taken within two hours of a DUI arrest is prima facie evidence of the alcohol level at the time of the incident.
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Child Endangerment
Driving impaired with a child in the vehicle is not a clearly recognized form of child endangerment in the state of Wyoming. Wyoming should enhance our DUI statute to include the crime of child endangerment, improve our ability to protect children in civil cases, and educate professionals and citizens about this serious threat to children.
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Ignition Interlock
Ignition interlock technology is a proven tool for significantly reducing the problem of repeat drunk drivers. The device provides continual monitoring for alcohol-driving behavior without the need for additional manpower. Success rates of the ignition interlock show a 65% to 90% reduction in re-offense rates in a variety of states while the interlock is installed.
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Substance Abuse Evaluations for DUI Offenders
All DUI offenders should be required to obtain a State-approved substance abuse evaluation before sentencing so that the courts can determine whether substance abuse treatment should be incorporated into a DUI offender`s sentence.
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Sobriety Checkpoints
Sobriety checkpoints are a tool used by law enforcement officials to screen drivers who may be under the influence of alcohol or other drugs. Vehicles are stopped briefly in a predetermined systematic sequence (e.g., every other vehicle, or every fourth vehicle). Current statutes do not allow sobriety checkpoints to be conducted in Wyoming. The use of sobriety checkpoints is constitutional, is supported by the public, and is an effective deterrent to impaired driving.
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Criminalizing Refusals to Chemical Testing by DUI Offenders
Determining alcohol concentration (BAC) is a critical component of successful DUI prosecution. The Implied Consent Law allows those arrested for DUI to refuse a chemical test, resulting only in an administrative license suspension. This often allows drivers with dangerous BAC levels to escape prosecution and sentencing, and contributes to unidentified repeat offenders endangering the public. Criminalizing refusal as a misdemeanor offense will discourage the withholding of BAC evidence.
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Dram Shop Laws
Dram shop laws, particularly in conjunction with mandatory training for those who serve alcoholic beverages at bars and restaurants, can reduce drunk driving. This legislatively-created liability is a highly effective tool for government to use to protect the greater good of society from the irresponsible and devastating actions of intoxicated drivers. Among administrative, criminal and tort liability laws, alcohol prices and mandatory jail time for drunk drivers, only dram shop laws were effective in reducing highway fatalities.
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