Regan v. State ex rel. Wyoming Department of Transportation
292 P.3d 849
Wyo.2012Background
- Regan and Parsons were DWUI arrestees in Laramie who consented to chemical testing; Regan's BAC was 0.26 and Parsons' was 0.16.
- Each man’s license was administratively suspended after testing; they challenged the implied consent advisement as incorporating Laramie ordinance penalties for refusing.
- OAH upheld the suspensions, ruling the readings complied with statutorily required advisements and that challenges to the Laramie ordinances were beyond OAH’s jurisdiction.
- District court affirmed OAH and rejected staying the administrative appeal pending declaratory judgment action on the ordinances.
- Appellants argued coercion via potential jail penalties under the Laramie ordinances and sought to suppress testing; Wyoming law treats license suspensions as civil actions and allows challenges to the ordinances in separate proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether this appeal should be stayed pending declaratory judgment on the Laramie ordinance. | Regan/Parsons sought a stay. | No stay warranted. | No stay granted. |
| Whether the appellants were given proper implied consent advisements under state law. | Appellants claim advisements exceeded statute and included Laramie penalties. | Advisements complied with statute; Laramie penalties were permissible context. | Advisements were proper; OAH supported suspensions. |
| Whether the Laramie ordinances’ penalties render the advisements constitutionally coercive or violate rights. | Coercion and attorney-right concerns due to ordinance penalties should affect whether testing was voluntary. | Administrative proceedings do not adjudicate ordinance validity; coercion issues belong to separate actions. | Coercion arguments rejected to the extent of administrative review; ordinance validity not within scope. |
| Whether the creation of jail-time penalties for refusals preempts or conflicts with state law. | Possible preemption or conflict with state law. | Issues belong to separate declaratory judgment action; not decided here. | Not addressed; outside scope of administrative appeal. |
Key Cases Cited
- Escarcega v. Wyoming Dep't of Transp., 153 P.3d 264 (2007 WY 38) (implied consent advisements; coercion context; civil vs. criminal distinctions)
- Samdoval v. State ex rel. Wyo. Dep't of Transp., 291 P.3d 290 (2012 WY 160) (agency cannot rule on ordinance validity; declaratory action required)
- Williams v. State ex rel. Wyo. Workers' Safety and Compensation Div., 205 P.3d 1024 (2009 WY 57) (agency jurisdiction limits on constitutionality challenges)
- Glasrud v. City of Laramie, 934 P.2d 1242 ((Wyo.1997)) (civil administrative proceedings; separate from DWUI prosecutions)