Judge rejects challenge to DUI law

May 8, 2012 The Associated Press

JACKSON -- A Teton County judge has ruled that warrants issued over the telephone for blood tests in drunken driving suspects doesn't violate Wyoming's Constitution.

A state law passed in 2011 allows police to obtain search warrants from judges over the telephone in order to determine a suspect's blood-alcohol content.

The issue arose in two DUI cases in Teton County in which lawyers for two defendants argued the telephone warrants violated the Wyoming State Constitution because they weren't supported by written documentation.

But Circuit Judge James Radda ruled this week that the blood tests would be admitted.

Radda ruled that the warrants were clearly allowed by statute and expressed reluctance to make a ruling that would nullify a state law.

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