Publication Details (including relevant citation information):
The document was prepared in coordination with a powerpoint presentation for a two (2) hour webinar that was presented for the Wyoming Trial Lawyers Association (WTLA) on April 1, 2015. The document has a total of one-fourteen (114) pages and contains two-hundred forty-two (242) footnotes and followed Bluebook citation format for legal references. The powerpoint contained a total of one-hundred sixty-seven (167) individual slides. The Power point including several slides concerning recent lab errors with reference to publications like A. Widener & C. Drahl, Forcing Change in Forensic Science, 92(19) C&EN, 10-14 (May 12, 2014).
The materials provided a broad overview of how various statutes, codes, and regulations have been incrementally adopted concerning driving while under the influence (DUI) law. The extensive legislative history was provided to give context to the legal issues that the courts have previously resolved concerning the use of implied consent laws to automatically admit chemical testing evidence in DUI cases. The author contends implied consent laws cannot limit the scope of discovery of scientific information under Court Rules and the Wyoming and United States Constitutions. The author also asserts that implied consent laws cannot be used to relieve the government of the burden of proving that the government’s scientific methods for analyzing biological samples have been validated and to prove that the accused's specific chemical test results were created in strict compliance with the government’s validated testing methods. The author concludes that a trial court has the inherent power to determine evidentiary issues in judicial proceedings under the separation of powers doctrine and a criminal defendant’s due process rights and the Court has the duty to hold the government, not the defendant, to a higher standard of proof with a Daubert hearing.