Cheyenne, Wy – The Wyoming Supreme Court says that suspected drunken drivers who intentionally fail to give an adequate breath test sample should be treated like they refused the
In the unanimous ruling handed down this week, the court
rejected the appeal of Daniel Faber, who was arrested for drunken
driving in Sublette County in 2007. Faber's license was suspended
for six months after an officer said Faber refused the test when he
was unable to provide an adequate breath sample.
Faber contended his license shouldn't have been suspended,
saying the officer should have offered him a blood or urine test
when he couldn't complete the breath test.
But the high court sided with the officer, who said Faber didn't
follow instructions despite three chances to perform the tests.