Michaels v. STATE EX REL. DEPT. OF TRANSP.
271 P.3d 1003
Wyo.2012Background
- Michaels arrested for DWUI after 0.16–0.17% BAC and field sobriety tests; trooper cited speeding 96 mph as probable cause for stop.
- Three witnesses (physician, wife, coworker) and Michaels testified he was diabetic ketoacidosis, not intoxication.
- OAH upheld 90-day license suspension; found DUI evidence but noted ketoacidosis could affect sobriety tests.
- District court affirmed; Michaels appealed to Wyoming Supreme Court.
- Question presented: whether § 31-5-233(b) requires proof of consumption-created alcohol and whether probable cause existed at arrest.
- The court held: § 31-5-233(b) applies to alcohol from consumption; ketoacidosis does not negate probable cause at arrest; probable cause supported by speed, odor, signs of impairment, and three breath tests above 0.08%.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 31-5-233(b) intended to cover only ingested alcohol? | Michaels: statute covers only alcohol from consumption, not body-generated alcohol. | State: statute covers any alcohol concentration regardless of source. | Statute covers alcohol from any source; no distinction required. |
| Was probable cause proven to arrest Michaels for DWUI? | Probable cause lacking due to ketoacidosis causing signs of impairment. | Facts (speed, odor, signs, tests) gave probable cause. | Yes, probable cause existed at the time of arrest. |
| Was the standard of review properly applied? | Review should give deference to the agency’s findings? (incorrectly argued.) | Court reviews de novo on law; substantial evidence for facts. | Court reviews de novo on legal conclusions; substantial-evidence standard for facts. |
Key Cases Cited
- Goich v. State, 339 P.2d 119 (Wyo. 1959) (ingestion of alcohol required to prove DUI)
- Crum v. City of Rock Springs, 652 P.2d 27 (Wyo. 1982) (alcohol ingestion evidence essential; other conditions may mimic intoxication)
- Walston v. State, 704 P.2d 696 (Wyo. 1985) (ingestion of alcohol supported DUI inference)
- Mascarenas v. State, 2003 WY 124, 76 P.3d 1258 (Wy. 2003) (probable cause standard and on-scene evaluation)
- Mickelson v. State, 178 P.3d 1080 (Wy. 2008) (probable cause assessment on scene; objective standard)
- J & T Properties, LLC v. Gallagher, 256 P.3d 522 (Wy. 2011) (statutory interpretation in pari materia)