Wyo. Stat. » Wyo. Stat. / Title 31 - Motor Vehicles / Chapter 6 - IMPLIED CONSENT TO CHEMICAL TESTING / Article 17 - NONCONSENSUAL TOWING SERVICES
Wyoming Statutes

Wyo. Stat. § 31-6-103 (2026)

Application for hearing; stay of suspension of

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
license; scope of hearing.

     (a) A timely request for a hearing shall stay the
suspension until the order following the hearing is entered and
all appellate review of the matter is completed, provided the
stay of suspension is effective only so long as there is no
suspension for a similar violation during the hearing and appeal
period.

     (b) The scope of a hearing for the purposes of this act
shall cover the issues of whether a peace officer had probable
cause to believe the arrested person had been driving or was in
actual physical control of a motor vehicle upon a public street
or highway in this state in violation of W.S. 31-5-233(b) or any
other law prohibiting driving under the influence as defined by
W.S. 31-5-233(a)(v), whether the person was placed under arrest,
or if a test was administered, whether the test results
indicated that the person had an alcohol concentration of eight
one-hundredths of one percent (0.08%) or more, and whether,
except for the persons described in this act who are incapable
of cooperating with the administration of the test, he had been
given the advisements required by W.S. 31-6-102(a)(ii). At the
conclusion of the hearing, the hearing examiner shall order that
the suspension either be rescinded or sustained. If a chemical
test was administered, the hearing examiner has the same
authority to modify a license suspension under this act as he
does under W.S. 31-7-105.

     (c) Prehearing discovery, available to any interested
party is limited to access to the notice of suspension, signed
statement and any accompanying documentation submitted by the
arresting officer. Other types of discovery available under
other law are not available in a hearing under this section.
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1979–2024 · leading case: State v. Marquez, 638 P.2d 1292 (Wyo. 1982).
Sort: Relevance Newest Treatment
State v. Marquez, 638 P.2d 1292 (Wyo. 1982). · cites it 31× “) Section 31-6-103(b), W.S. 1977. A reading of § 31-6-102(a) and § 31-6-103(b), W.”
Miller v. Wyoming Dep't of Health, 2012 WY 65 (Wyo. 2012). · cites it 6× “Moreover, as aptly stated by the Department: If Miller and Gonzalez believe that there is cause to question the scientific validity of the breath tests, their remedy is within the administrative license revocation proceedings pursuant to Wyo. Stat. Ann. § 31-6-103 , not in this…”
Ricky D. Johnson v. State of Wyoming ex rel., Wyoming Dep't of Transp., 2020 WY 19 (Wyo. 2020). · cites it 9× “The scope of a hearing for purposes of determining a driver’s license suspension is governed by Wyo. Stat. Ann. § 31-6-103 (b) (LexisNexis 2019) which limits the OAH’s review to: [1] whether a peace officer had probable cause to believe the arrested person had been driving or…”
Nesius v. State Dep't of Revenue & Taxation, Motor Veh. Div., 791 P.2d 939 (Wyo. 1990). · cites it 7× “[3] W.S. 31-6-103(a) provides for a hearing before a hearing examiner, if the request is timely.”
Bradshaw v. Wyoming Dep't of Transp. Drivers' License Div., 2006 WY 70 (Wyo. 2006). · cites it 4× “Because the hearing officer’s order contains no findings or conclusions concerning probable cause, and does not even mention the audio and video tapes he submitted as evidence, Mr.”
Kara Walters v. State of Wyoming ex rel. Wyoming Dep't of Transp., 2013 WY 59 (Wyo. 2013). · cites it 2× “Wyo. Stat. Ann. § 31-6-103 (b) (LexisNexis 2011) (emphasis added).”
State v. Chastain, 594 P.2d 458 (Wyo. 1979). · cites it 2× “3 [§ 31-6-103].” “ * * * The failure or inability to obtain an additional test by a person shall not preclude the admissibility in evidence of the test or tests taken at the direction of a law enforcement officer.”
Jones v. State ex rel. Wyoming Dep't of Transp., 991 P.2d 1251 (Wyo. 1999). · cites it 16× “Based on those results, the arresting officer gave Jones a notice of suspension which informed him that his license would be suspended for ninety days pursuant to Wyo. Stat. Ann. § 31-6-103 (b) (LEXIS 1999).”
Gerstell v. State Ex Rel. Dep't of Revenue & Taxation, 769 P.2d 389 (Wyo. 1989). · cites it 4× ““(g) For the purposes of this section, the signed statement submitted by the peace officer shall be deemed a sworn statement and shall be subject to penalties for perjury- “§ 31-6-103 Application for hearing; stay of suspension of license; scope of hearing.”
Colyer v. State, Dept. of Transp., 2009 WY 43 (Wyo. 2009). · cites it 2× “In addition to the factors that the State must prove under Wyo. Stat. Ann. § 31-6-103 set forth above (see supra 19), Wyo.”
Keith Vogt v. State of Wyoming, Ex Rel., Dep't of Transp., 2013 WY 123 (Wyo. 2013). “) Section 31-6-108 provides: § 31-6-103. Application for hearing; stay of suspension of license; scope of hearing.”
Vasco v. State, Dep't of Transp., 2011 WY 100 (Wyo. 2011). “) § 31-6-103. Application for hearing; stay of suspension of license; scope of hearing (a) A timely request for a hearing shall stay the suspension until the order following the hearing is entered and all appellate review of the matter is completed, provided the stay of…”
Show all 17 citing cases →
— Wyo. Stat. § 31-6-103(a) — 1 case
Nesius v. State Dep't of Revenue & Taxation, Motor Veh. Div., 791 P.2d 939 (Wyo. 1990). “[3] W.S. 31-6-103(a) provides for a hearing before a hearing examiner, if the request is timely.”
— Wyo. Stat. § 31-6-103(b) — 7 cases
State v. Marquez, 638 P.2d 1292 (Wyo. 1982). “) Section 31-6-103(b), W.S. 1977. A reading of § 31-6-102(a) and § 31-6-103(b), W.”
Nesius v. State Dep't of Revenue & Taxation, Motor Veh. Div., 791 P.2d 939 (Wyo. 1990). “[3] W.S. 31-6-103(a) provides for a hearing before a hearing examiner, if the request is timely.”
Ricky D. Johnson v. State of Wyoming ex rel., Wyoming Dep't of Transp., 2020 WY 19 (Wyo. 2020). “The scope of a hearing for purposes of determining a driver’s license suspension is governed by Wyo. Stat. Ann. § 31-6-103 (b) (LexisNexis 2019) which limits the OAH’s review to: [1] whether a peace officer had probable cause to believe the arrested person had been driving or…”
Michaels v. State Ex Rel. Dept. of Transp., 2012 WY 33 (Wyo. 2012).
Escarcega v. State Ex Rel. Dept. of Transp., 2007 WY 38 (Wyo. 2007).
— Wyo. Stat. § 31-6-103(c) — 2 cases
Nesius v. State Dep't of Revenue & Taxation, Motor Veh. Div., 791 P.2d 939 (Wyo. 1990). “[3] W.S. 31-6-103(a) provides for a hearing before a hearing examiner, if the request is timely.”
Jones v. State ex rel. Wyoming Dep't of Transp., 991 P.2d 1251 (Wyo. 1999). “Based on those results, the arresting officer gave Jones a notice of suspension which informed him that his license would be suspended for ninety days pursuant to Wyo. Stat. Ann. § 31-6-103 (b) (LEXIS 1999).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.