During a DUI investigation, an officer will normally request that the driver take a breath, blood, or urine test to determine the amount of drugs or alcohol in the driver’s system. The results can be used by the prosecutor to prove a DUI in court.
Wyoming’s “implied consent” law states that any person who operates a vehicle on a Wyoming highway is deemed to have given consent to a breath, blood, or urine test. However, a driver is required to submit to testing only if lawfully arrested for driving under the influence.
In the past, Wyoming’s implied consent law imposed penalties for drivers who refused testing. However, in 2011, legislation took effect that did away with these penalties for most drivers. Instead, the legislation created a more streamlined method for officers to request a search warrant to obtain a blood sample. With a warrant, the officer can require (by force if necessary) drivers who refuse testing to submit to a blood draw.
However, a driver of a commercial vehicle can be disqualified from commercial operation for one year if he or she unlawfully refuses a chemical test.