§ 12-42. Driving while under the influence., Article II. Operation of Vehicles Generally, Chapter 12. Motor Vehicles and Traffic, Code of the City of Evanston, Wyoming, Code of Ordinances, Evanston

As used in this section:

(1)

Alcohol concentration --

(a)

The number of grams of alcohol per one hundred milliliters of blood;

(b)

The number of grams of alcohol per two hundred ten liters of breath; or

(c)

The number of grams of alcohol per seventy-five milliliters of urine.

CONTROLLED SUBSTANCE

[1]

Any drug or substance defined by W.S. 35-7-1002(a)(iv);

[2]

Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual's ability to drive safely.

CONVICTION: As defined in W.S. 31-7-102(a)(iv);

DRIVER'S LICENSE: As defined in W.S. 31-7-102(a)(viii) and includes nonresident operating privileges as defined in W.S. 31-7-102(a)(xiii);

OTHER LAW PROHIBITING DRIVING WHILE UNDER THE INFLUENCE: A statute of another state, the United States or a territory or district of the United States or an ordinance of a governmental entity of this or another state or of an Indian tribe which prohibits driving while under the influence of intoxicating liquor, alcohol, controlled substances or drugs.

No person shall drive or have actual physical control of any vehicle within the City of Evanston if the person:

(1)

Has an alcohol concentration of 0.08% or more; or

(2)

To a degree which renders him incapable of safely driving;

(a)

Is under the influence of alcohol;

(b)

Is under the influence of a controlled substance; or

(c)

Is under the influence of a combination of any of the elements named in subparagraphs (a) and (b) of this paragraph.

Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or being in actual physical control of a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:

(1)

If there was at that time an alcohol concentration of five one-hundredths of one percent or less, it shall be presumed that the person was not under the influence of alcohol;

(2)

If there was at the time an alcohol concentration of more than 0.05% and less than 0.08%, that fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining whether the person was under the influence of alcohol to a degree which renders him incapable of safely driving a motor vehicle.

Subsection C of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than three hours after the alleged violation. The fact that any person charged with a violation of subsection B of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection B of this section.

Except as otherwise provided, a person convicted of violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750, or both. On a subsequent conviction within 10 years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than seven days nor more than six months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven days in jail. In addition, the person may be fined not less than $200 nor more than $750. The judge may suspend part or all of the discretionary portion of an imprisonment sentence under this subsection if the defendant agrees to pursue and completes an alcohol education or treatment program as prescribed by the judge.

[Amended 5-20-2014 by Ord. No. 14-02]

Any person convicted under this chapter or an ordinance or state statute which substantially conforms to the provisions of this section shall, in addition to the penalty imposed, have the driver's license suspended or revoked pursuant to W.S. 31-7-127 or 31-7-128. The court shall forward to the department a copy of the record pertaining to disposition of the arrest or citation.

The court may, upon pronouncement of any jail sentence under subsection E of this section, provide in the sentence that the defendant may be permitted, if he is employed or enrolled in school and can continue his employment or education, to continue such employment or education for not more than the time necessary as certified by his employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment or education and a reasonable time to travel to and from his place of employment or school.

Any person charged under this chapter shall be prosecuted under this chapter and not under a reduced charge or dismissed unless the prosecuting attorney in open court moves or files a statement to reduce the charge or dismiss, with supporting facts, stating that there is insufficient evidence to sustain the charge.

Chemical analysis of a person's blood, breath or urine to determine alcohol concentration or controlled substance content shall be performed in accordance with W.S. 31-6-105(a).