DUI/DWUI Defense Attorney in Gillette, Wyoming

Your driver’s license is on the clock the moment a DWUI arrest happens in Gillette, and the deadline to fight the suspension is far shorter than the criminal case timeline. Wyoming calls the offense DWUI (driving while under the influence), and a first one is a misdemeanor, but a fourth within 10 years is a felony carrying up to 7 years in prison. Just Criminal Law defends drivers charged with DWUI in Gillette and throughout Campbell County. Our founding attorney, Christina L. Williams, is a former prosecutor, and Gillette has been our home base since the firm opened.

Wyoming DWUI Law and the BAC Numbers That Matter

Wyoming’s DWUI law lives in W.S. 31-5-233, and it sets different blood alcohol thresholds depending on who you are:

• 0.08% for most adult drivers
• 0.02% for drivers under 21
• 0.04% for commercial (CDL) drivers

You don’t even need to be over the limit to be charged. Wyoming also allows a DWUI conviction when you’re “under the influence” to a degree that makes it unsafe to drive, regardless of the exact number. And you don’t have to be driving. Wyoming’s “actual physical control” rule means sitting in the driver’s seat with the keys, engine off, can be enough, a point the Wyoming Supreme Court settled decades ago in Adams v. State. People sleeping it off in a parked car get charged here more often than you’d think.

DWUI Penalties by Offense

Penalties escalate fast with each conviction inside the 10-year window:

• First offense: misdemeanor. Up to 6 months in jail, a fine up to $750, and a 90-day license suspension. A BAC of 0.15% or higher adds a 6-month ignition interlock requirement.
• Second offense (within 10 years): minimum 7 days in jail, up to 6 months, a 1-year suspension, and a 1-year interlock.
• Third offense (within 10 years): minimum 30 days in jail, higher fines, a 3-year suspension, and a 2-year interlock.
• Fourth or subsequent offense (within 10 years): felony. Up to 7 years in prison, a fine up to $10,000, and an interlock requirement that can last from 5 years to life.

A DWUI is also a felony, regardless of priors, if it causes serious bodily injury (up to 10 years) or death. The lookback counts from the date of the offense, not the conviction, which the Wyoming Supreme Court clarified in Rhoads. That detail decides whether a charge is a misdemeanor or a felony, so it’s one of the first things we check.

The License Hearing You Can’t Afford to Miss

The criminal case and your license are two separate tracks, and the license track moves first. After a failed or refused test, you get a short temporary license, and you have a narrow window (20 days from the arrest) to request an administrative hearing to contest the suspension. Miss it, and the suspension takes effect automatically. Most people don’t even know this hearing exists until it’s too late.

Requesting that hearing on time doesn’t just delay the suspension. It’s also a chance to put the arresting officer’s account on the record early, which can help the criminal defense later. We walk every client through this deadline on the first call. (For the full breakdown, see our guide to Wyoming DUI contested case hearings.)

DWUI With a CDL: More at Stake

If you drive for a living, a DWUI is a threat to your livelihood, not just your license. The threshold is lower (0.04%), and a DWUI conviction can disqualify your commercial driving privileges for a year. Refusing a chemical test as a CDL holder triggers its own one-year disqualification. For an over-the-road driver passing through on I-90, the stakes of a Gillette stop are higher than the criminal penalty alone suggests, which is why we treat the CDL consequences as a central part of the defense, not an afterthought.

How DWUI Cases Move Through Campbell County

Misdemeanor DWUIs in Gillette are handled in Campbell County Circuit Court, part of the Sixth Judicial District. Felony DWUIs proceed to the Sixth Judicial District Court. A typical case starts with an initial appearance, then moves through discovery, where we examine the traffic stop, the field sobriety tests, the breath or blood evidence, and whether the officer had a lawful reason to pull you over in the first place.

A lot of DWUI defenses live in those details. Field sobriety tests are subjective and easy to administer incorrectly. Breath machines need proper calibration. A stop without reasonable suspicion can sink the evidence that follows it. As a former prosecutor, Christina Williams knows where the State’s case tends to be strong and where it’s exposed.

Why Drivers in Gillette Choose Just Criminal Law

• Former prosecutor perspective: Christina L. Williams knows how DWUI cases are built and proven.
• Home court: Gillette has been our base since 2009, and we know Campbell County’s DWUI process.
• CDL-aware defense: We treat commercial license consequences as a core issue, not a footnote.
• 25+ years, 10,000+ cases: Across Wyoming and South Dakota.

Frequently Asked Questions About DUI Charges in Gillette

Is a DUI a felony in Wyoming?

Usually not, but it can be. A first, second, or third DWUI within 10 years is a misdemeanor. A fourth or subsequent DWUI within 10 years is a felony under W.S. 31-5-233, punishable by up to 7 years in prison and a $10,000 fine. A DWUI is also a felony, regardless of prior convictions, if it causes serious bodily injury or death.

What happens if I refuse a breathalyzer in Wyoming?

Refusing triggers an administrative license suspension under Wyoming’s implied consent law, and since 2011 an officer can obtain a warrant to draw your blood by force. Wyoming doesn’t charge a separate crime just for refusing, but a CDL holder who refuses faces a one-year commercial disqualification. Refusal also doesn’t make the case disappear; it often just changes the type of evidence the State uses.

How long does a DUI stay on my record in Wyoming?

A DWUI conviction stays on your criminal record indefinitely unless you successfully petition to have it expunged. For sentencing purposes, Wyoming uses a 10-year lookback, so a prior DWUI counts toward enhanced penalties, and toward the fourth-offense felony threshold, for 10 years from the date of the offense.

Can I drive after a DUI arrest in Gillette?

For a short time, yes. After a failed or refused test you typically receive a temporary license, but you must request an administrative hearing within about 20 days to contest the suspension, or it takes effect automatically. Acting fast is the only way to protect your ability to drive while the case is pending.

Arrested for DWUI in Gillette or Campbell County? Call Just Criminal Law at (307) 300-2240 right away, the license clock is already running, and a former prosecutor can review your case for free.