Wyoming Supreme Court Upholds Telephonic Warrants For Dui Testing
The Wyoming Supreme Cout has upheld a law passed by the 2011 Wyoming legislature that allows judges to grant requests from police over the telephone for warrants to force motorists to submit to DUI testing.
The ruling came in response to a challenge from two Teton County motorists. The ruling means that their cases may now proceed in the court system. Lawyers for motorists Dena T. Blomquist and Terry Smith had argued before the Supreme Court in April that evidence of their clients’ blood-alcohol levels should be suppressed. The lawyers said telephonically approved warrants didn’t meet the constitutional requirements.
Lawyers for the Wyoming Attorney General’s Office argued that the telephonic warrants were just as valid as ones with written police affidavits because the conversation between the officer and the judge was recorded and officers provided sworn testimony over the telephone.