Wyoming DUI Laws & Attorneys - 10 Day Warning Below
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Wyoming has one of the smallest populations of all of the states (it has three times more cattle than people), one of the fewest drunk driving fatality statistics in the country, and no-nonsense DUI laws.
In Wyoming the term DUI means Driving While Intoxicated and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other intoxicants into the body.
Every driver in Wyoming has given their ‘implied consent’ for a blood alcohol content (BAC) test when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Wyoming DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Wyoming DUI attorney contact the hospital immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
The Wyoming DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Wyoming DUI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with a Wyoming DUI you’re going to face two adversaries: the criminal courts, and the Wyoming Department of Transportation (WYDOT). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. You will have to make a timely request (10 days after receiving a “Notice of Suspension for over legal BAC”) to request an administrative hearing with the Wyoming DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And WYDOT sanctions can also be imposed even if you are found not guilty in a criminal court case.
WYDOT hearings may be a crucial opportunity to let your Wyoming DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. Court and WYDOT penalties are separate, but usually run concurrently (at the same time).
Be advised that Wyoming has an out-of-state Driver’s License Compact Agreement. This means that Wyoming DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Wyoming DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Wyoming DUI specialist. In any case, when you are stopped and arrested for suspicion of a Wyoming DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Wyoming DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Wyoming DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Wyoming DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Wyoming DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Wyoming drunk driving laws should be taken very seriously. Wyoming DUI convictions and penalties can be long lasting and severe, both in court and with the Wyoming Department of Transportation, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Wyoming DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Wyoming DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Wyoming DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Wyoming DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Wyoming DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Wyoming DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a Wyoming drunk driving charge without an experienced Wyoming DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Wyoming DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Wyoming DOT and the Criminal Courts Double Jeopardy?
Like most states, Wyoming law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Wyoming Department of Transportation administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Wyoming DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Wyoming DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions including any previous Wyoming administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Wyoming DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
What is a “Look Back” Period?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Wyoming it is 5 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 5 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
Can I Get a Hardship Driver's License?
Generally, a probationary license for 90 days is available after the first DUI. If you refused the BAC test, you are not eligible. An SR – 22 high risk insurance policy is also required.
What About Enhanced Punishments For Wyoming DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, BAC of .16%, the presence of a child in the car, speeding, reckless driving, and causing an accident with injuries or substantial property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Wyoming multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently
Consequently, we strongly recommend retaining an experienced Wyoming DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
You insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Wyoming Criminal Penalties –
The penalties will increase based on the number of prior offenses any other enhanced circumstances. When being charged with DUI, the prosecutor checks for any prior convictions within a 5 year period. If you have a prior conviction but it occurred more than 5 years ago, it will count as a 1st offense.
1st DUI Offense
$200 to $750 fine.
Up to 6 months in jail.
90 days loss of license.
Substance abuse assessment prior to sentencing.
2nd Offense (Within 5 Years of a Prior)
Up to $750 fine.
7 days to 6 months in jail.
1 year loss of license.
Substance abuse assessment conducted by a substance abuse provider.
Possible ignition interlock device on your vehicle.
3rd Offense (Within a 5 Year Period)
$750 to $3,000 fine.
30 days to 6 months in jail.
15 days of jail time may be suspended upon completion of an inpatient treatment program.
Up to 5 years loss of license.
Substance abuse assessment conducted by an in-patient substance abuse provider.
Possible ignition interlock device.
4th Offense (Within a 5 Year Period)
A felony.
Up to $10,000 fine.
Up to 2 years in jail.
Possible lifetime loss of license.
Substance abuse assessment conducted by an in-patient substance abuse provider.
Possible ignition interlock device.
1st Refusal of BAC Test
$200 to $750 fine.
3 to 6 months loss of license.
Up to 6 months in jail.
2nd Refusal
$200 to $750 fine.
Up to 18 months to 3 years loss of license.
7 days to 6 months in jail.
1 year loss of license.
3rd Refusal (Within 5 Years)
$200 to $750 fine.
18 months loss of license.
7 days to 6 months in jail.
3 years loss of license.
3rd Refusal (Over 5 Years)
$200 to $750 fine.
6 months to 3 years loss of license.
7 days to 6 months in jail.
Under 21
BAC of .02% or greater, loss of license.
Up to $750 fine.
90 days loss of license.
Commercial Driver’s License
1st offense: 1 year disqualification.
3 years disqualification for hauling hazardous materials with DUI.
Subsequent offenses: lifetime disqualification.
– Administrative License Suspension/Revocation Penalties –
Wyoming Department of Transportation has the authority to suspend, revoke and disqualify driver’s licenses. Generally the court system adjudicates DUI penalties, but the WYDOT enforces driver’s license sanctions.
Administrative License Suspension
Possible ignition interlock device installed in vehicle.
1st DUI conviction results in 90 days loss of license.
2nd DUI conviction in 5 years results in 1 year loss of license.
3rd DUI conviction in 5 years results in 5 years loss of license.
4th DUI conviction in 5 years results in a possible life-time loss of license.
Substance abuse assessment/education/treatment.
– Disclaimer –
Only experienced Wyoming DUI attorneys should provide you with bona fide legal advice concerning Wyoming DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Wyoming DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Wyoming DUI attorney specializing in DUI cases.
