Bowen v. State, Department of Transportation
2011 WY 1
Wyo.2011Background
- Bowen was stopped for speeding and showed signs of impairment; portable breath test DUI BAC 0.13, subsequent breath test 0.137 at detention facility.
- Bowen faced criminal DUI charges and an administrative license suspension under Wyoming statute §31-6-102.
- In the criminal case, Bowen moved to suppress breath test evidence alleging improper trooper training; the court denied suppression.
- In the administrative proceeding, the OAH upheld the license suspension, relying on the circuit court’s finding that the trooper was properly certified.
- The district court affirmed both the criminal and administrative decisions; Bowen appealed to the Wyoming Supreme Court.
- The Supreme Court applied collateral estoppel to preclude Bowen from relitigating the breath test admissibility issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Bowen collaterally estopped from relitigating breath-test admissibility in the admin hearing? | Bowen argues estoppel does not apply. | State argues prior adjudication on the admissibility issue controls. | Yes; collateral estoppel precludes relitigation; admin decision affirmed. |
Key Cases Cited
- Salt Creek Freightways v. Wyo. Fair Empl. Practices Comm'n, 598 P.2d 435 (Wyoming 1979) (collateral estoppel applicable in administrative contexts)
- Jacobs v. State ex rel. Wyo. Workers' Safety & Comp. Div., 216 P.3d 1128 (Wy. 2009) (collateral estoppel applicable to issues in admin proceedings)
- Wilkinson v. State ex rel. Wyo. Workers' Safety & Comp. Div., 991 P.2d 1228 (Wyoming 1999) (four-factor test for collateral estoppel in Wyoming)
- Slavens v. Bd. of County Comm'rs for Uinta County, 854 P.2d 683 (Wyoming 1993) (supports collateral estoppel application framework)