Hwang v. State, Department of Transportation
2011 WY 20
| Wyo. | 2011Background
- Hwang was stopped for allegedly driving without headlights; odor of alcohol, red glassy eyes, and slurred speech observed; he admitted seven drinks and was arrested for DUI.
- At the Albany County Detention Center, Hwang was given an implied-consent breath test using an Intoximeter EC/IR after being advised under § 31-6-102, and he consented to testing.
- The officer completed an Operational Checklist noting 12:30–12:55 a.m. times: advisement at 00:30, mouth check at 12:33, samples at 12:51 and 12:55; machine printout showed BAC 0.15 at 12:51.
- The Intoximeter and the officer’s records were contemporaneous; the officer testified that he calibrated his watch to the detention center clock.
- WYDOT sought license suspension based on the test results; a contested-case hearing occurred with evidence from the officer and WYDOT; the officer claimed a 15-minute observation period preceded testing.
- Hwang presented cell-phone records and employer testimony to challenge the 15-minute observation; the hearing examiner credited the certified records and the officer over Hwang, affirming the 15-minute observation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the officer have sufficient facts to prove 15-minute observation under Implied Consent? | Hwang contends the observation period was not completed before testing due to conflicting times and records. | WYDOT argues substantial evidence supports that the officer observed for the required fifteen minutes. | Yes; substantial evidence supports compliance with the 15-minute observation. |
Key Cases Cited
- Peterson v. Wyoming Department of Transportation, 158 P.3d 706 (Wyoming, 2007) (refines admissibility and compliance standards for breath-test procedures)
- Batten v. Wyoming Department of Transportation Drivers' License Division, 170 P.3d 1236 (Wyoming, 2007) (review of agency credibility and evidentiary sufficiency on agency findings)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyoming, 2008) (substantial evidence standard for reviewing agency findings)
- Shryack v. Carr Constr. Co., 3 P.3d 850 (Wyoming, 2000) (good-cause and procedural-exhaustion considerations for supplementing record)