Vasco v. Wyo. DOT

Defendant Richard Vasco was arrested for interference with a police officer and for driving under the influence of alcohol. Vasco refused to submit to chemical testing, and the Wyoming DOT advised him that it was suspending his driver's license for six months. Vasco requested a hearing, at the conclusion of which the Office of Administrative Hearings (OAH) upheld the suspension. Vasco sought review in the district court, which affirmed the OAH order. Vasco appealed, claiming the arresting officer lacked probable cause to arrest him for interference, and therefore the subsequent search was improper and the evidence obtained in the search that supported the DUI arrest was inadmissible. The Supreme Court affirmed, concluding that substantial evidence supported the OAH decision where (1) the officer had probable cause to arrest Vasco for interference with a police officer, and (2) the officer had probable cause to believe Vasco had been driving under the influence of alcohol. View "Vasco v. Wyo. DOT" on Justia Law