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HOOTEN v. STATE, DEPT. OF REVENUE & TAXATION

No. 87-275.

751 P.2d 1323 (1988)

James H. HOOTEN, Appellant (Petitioner), v. STATE of Wyoming, DEPARTMENT OF REVENUE AND TAXATION, Appellee (Respondent).

Supreme Court of Wyoming.

March 29, 1988.

Attorney(s) appearing for the Case

Robert J. Reese, Green River, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and David Mark Quiner, Asst. Atty. Gen., for appellee.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

BROWN, Chief Justice.

Appellant/petitioner James H. Hooten (Hooten) challenges the order of an independent hearing examiner suspending his driver's license under the Wyoming implied consent statutes, §§ 31-6-101 through 31-6-106, W.S. 1977 (Cum.Supp. 1986), for failure to submit to a chemical sobriety test following his arrest for driving while under the influence. He raises one issue:

"Whether a license...

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