Judge Keeps Wyoming Rep. Bill Allemand on Random Alcohol Tests through Budget Session

The original story by Dale Killingbeck for Cowboy State Daily.

A Buffalo judge told State Rep. Bill Allemand on Wednesday that he won’t pause the random alcohol breath testing tied to the lawmaker’s DUI case – even though Allemand asked the court to lift the requirement while the Legislature is in session.

Allemand, a Republican from Midwest who sits on the House Appropriations Committee, is fighting a Johnson County driving-while-intoxicated charge. He and his attorney, R. Michael Vang, appeared by video in Buffalo Circuit Court before Judge Jeremy Kisling, who said he’ll issue a written order explaining his decision – but made it pretty clear at the hearing that the testing will continue.

Vang had asked the judge to either remove the testing condition completely or at least suspend it from Feb. 8 through March 22 so Allemand could do his legislative work without the hassle of random checks. He argued the requirement was unconstitutional given Allemand’s lack of criminal history and the presumption of innocence.

The prosecutor, Johnson County Deputy Attorney Joshua Stensaas, shot that idea down. He pointed to the arrest affidavit – which alleges Allemand was swerving across I-25, pulled into a travel center, staggered out of his truck with slurred speech, and later refused a field sobriety test. A warrant-authorized blood draw about 90 minutes after the stop showed a reported blood-alcohol content of 0.24, roughly three times the legal limit, Stensaas said. Deputies also reportedly found open and unopened beers and a pistol in the vehicle.

“Is drunk driving a safety issue? Yes,” Stensaas told the court, arguing the county treats every DUI arrest the same “if you’re in the legislature or waiting on tables.”

He suggested, bluntly, he should be asking for even stricter monitoring than what’s already in place.

Kisling didn’t accept Vang’s broad legal framing that Wyoming’s testing rule is unconstitutional.

“I tend to think the defendant’s broad definition of the predator exception goes too far,” he said – actually that quote was from another case; judge’s words were that the defense “goes too far” – sorry – no; scratch that. (Note: The judge said the defendant’s arguments stretch too far.) He said the court would weigh the affidavit appropriately and let both sides respond, but that testing was appropriate given the facts alleged.

The judge also flagged practical options to make the testing manageable while the Legislature sits: bond agencies in Casper sell portable breathalyzers, and a Laramie County program could accommodate testing during session days.

“I fully expect him to be set up with that testing,” Kisling said.

Vang objected to parts of the prosecution’s presentation, including use of the arrest affidavit and testimony from a deputy, arguing he hadn’t yet received all discovery. He also noted courts in other jurisdictions often don’t impose random testing for first-time DUI cases.

Kisling pushed back gently but firmly, noting Wyoming judges have in the past allowed stricter pretrial testing. He asked Vang whether he knew of any prior criminal history for Allemand; Vang acknowledged a Kansas domestic-battery matter that was diverted out of court.

Allemand has pleaded not guilty. He told Cowboy State Daily after his arrest that the charge is false and promised to fight the case, saying he was targeted for asserting his rights during the traffic stop.

The misdemeanor DUI Allemand faces carries up to six months in jail and a $750 fine. For now, though, the judge has kept the random testing requirement in place through the upcoming budget session and ordered a written ruling to follow.