Impaired Driving Crash Data     Opinion Poll

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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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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Substance Abuse Evaluation and Treatment for DUI Offenders

State law does not currently require first and second-time DUI offenders to obtain a substance abuse evaluation or to follow treatment recommendations. 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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Alcohol Test Taken Within Two Hours of Arrest

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 valid DUI arrest is prima facie evidence of the alcohol level at the time of the incident.

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Mandatory Chemical Testing of All Drivers in Fatal and Serious Injury Crashes

Chemical testing of all drivers involved in fatal and serious injury crashes would reveal the full extent of impaired driving in Wyoming. This data would help evaluate the effects of current policies and programs and identify drivers in need of substance abuse evaluation and treatment. Current Wyoming Statutes inhibit investigations of impaired drivers involved in fatal and serious injury crashes. Amending the DUI statute and Implied Consent statute will enable Wyoming to more effectively identify and prosecute impaired drivers.

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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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