Wheeler v. State

BROWN,* Justice.

Appellant Oral G. Wheeler was convicted of driving while under the influence of intoxicating liquor, an offense proscribed by § 31-5-233(a), W.S.1977. The district court affirmed the justice court conviction. We will affirm the district court.

The issues for review are:

I

Did the appellant have a statutory or constitutional right to counsel at the time he agreed to take a breathalyzer test, and was he afforded due process?

II

Are the test results rendered invalid because the Department of Health and Social Services had not promulgated rules and regulations pursuant to the WAP A…