Wyoming latest state to introduce legislation mandating driver compliance
Steve Watson
Prison Planet
Wyoming will become the latest in a string of states to mandate drivers to submit to blood tests at DUI checkpoints if a new bill is passed via the Legislature.
The bill, which would see any driver suspected of driving under the influence of drugs or alcohol lose their right to refuse any chemical tests for alcohol, was cleared by The House Judiciary Committee yesterday to move forward for debate.
If successful, the bill would overturn a 50-year-old implied consent law, which allows drivers to say no to blood or urine tests.
While police representatives endorsed the bill, defense lawyer Robert Moxley argued against the legislation, noting that it was unnecessary for any competent prosecutor to rely on test results in cases where a driver is really impaired from operating a vehicle.
“I think this is a Draconian solution to a nonexistent or minimum problem,” Moxley said, adding that the legislation is unconstitutional.
“The question is if government should subject people to battery,” he said. “You can’t make people blow into a breath system.”
In questions over the proposed law, the Judiciary Committee chairman mulled whether the proposed law could be abused by law enforcement, and expressed concern that forced blood draws from uncooperative drivers could endanger both the driver and the person taking the blood.
Nevertheless, the legislation, sponsored by Jackson Republican Rep. Keith Gingery, was endorsed by the committee in a 5-4 vote.
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