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Natrona County Republican Rep. Bill Allemand wants to forgo court-ordered alcohol testing during the upcoming legislative session, while a driving under the influence case against him proceeds, recent court filings show. 

A deputy arrested Allemand on Dec. 28 in Buffalo after being pulled over for suspicious driving. The Republican lawmaker from Midwest subsequently pleaded not guilty. 

As a condition of his bond, Allemand is required to undergo random alcohol testing. He is also prohibited from possessing or consuming alcohol or controlled substances, and from being in any bar, liquor store or anywhere else where alcohol is the main item for sale. 

R. Michael Vang, Allemand’s attorney, filed a motion on Jan. 21 asking the court to either entirely rescind the testing condition of his bond or amend the order so Allemand can forgo testing during the upcoming legislative session in Cheyenne. 

The filing points to Allemand’s obligation as a lawmaker to attend the session, which begins Feb. 9, and argues that the Wyoming Constitution protects a “citizen’s fundamental right to be free from unreasonable searches” as well as “reasonable conditions of bond pending trial.”

After Allemand was pulled over, a Johnson County sheriff’s deputy said he found an open can of beer in the center console of the lawmaker’s truck alongside four unopened beers and a loaded pistol on the front passenger seat. Allemand admitted to drinking two beers 15 minutes before the stop and told the deputy “he drinks while driving for anxiety,” according to a police report.

During a field sobriety test, Allemand “lost balance multiple times and almost fell,” forcing the officer to stop the test, according to the affidavit. Police also allege that Allemand had “significant difficulty getting in and out of [the] patrol vehicle.” 

Vang told WyoFile in a statement, “it is not appropriate to have random chemical testing as a condition of bond for someone with no prior history of alcohol or drug abuse for a first offense DUI charge, where the person is presumed innocent and the burden of proof is on the government to prove their guilt.”

A leading DUI defense trial attorney, Vang also pushed back on the accuracy of such testing. 

“I also don’t like random chemical testing because they use what are called presumptive tests, which must be confirmed to prove the presence of alcohol or drugs,” Vang said. “Unfortunately, I see lots of people falsely accused of using alcohol and drugs because the random testing is not conducted with validated scientific methods.”

A hearing in the case is scheduled for Wednesday. 

Voters first elected Allemand in 2022 to represent House District 58, which encompasses a central section of northern Natrona County. He is a member of the Wyoming Freedom Caucus, a group of Republicans who control the House.

Maggie Mullen reports on state government and politics. Before joining WyoFile in 2022, she spent five years at Wyoming Public Radio.

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