DUI / DWUI Defense Attorney
Serving Wyoming and South Dakota
Drunk driving criminal charges can change anyone’s life. If you are facing charges like these, it is reasonable to be concerned about your driver’s license or professional license, your reputation, fines, probation, and even jail or prison time. If you are facing DUI or DWUI charges, you need a lawyer who knows DUI law inside and out—and who can walk you through your best defenses and help minimize the impact on your life.
At Just Criminal Law, we handle DUI / DWUI cases every day. We know how to protect your rights and can guide you through the legal process based on your personal goals and concerns.
Call (307) 300-2240 to schedule a free case consultation with a Gillette DUI/DWUI attorney today.
How We Help: Drunk Driving Defense
Attorney Christina L. Williams and her DUI / DWUI defense team can fight to defend you against drunk driving charges in Wyoming and South Dakota. Many of our clients have been pulled over on Interstate 90 or other major roads through Northeast Wyoming and the Northern Hills of South Dakota. Our experienced DUI team can meet with you to fully develop a strong case. We are prepared to explore all legal options available, researching your defenses and investigating all the prosecutor’s claims, to minimize the consequences of your arrest and properly protect your rights.
Our help begins now: learn more about DUI charges and penalties by reading our FAQs about DUI.
Timing Is Everything
When you are facing DUI / DWUI charges, the sooner you get an experienced drunk driving defense attorney involved, the stronger your case will be. Our dedicated Client Care Specialist is highly trained and deeply committed to supporting new clients. Their mission is to help you understand your rights, give you a strong voice in court, and empower you to make informed decisions about your case and future.
Investigating Your DUI Charges
An aggressive drunk driving defense requires thorough investigation. That’s why Just Criminal Law has an investigations team, led by a retired 30-year veteran of the Campbell County Sheriff’s Department, Anthony Seeman. Our criminal defense investigations team will pore over every detail of your case, from the traffic stop and field sobriety tests, to the breathalyzer test and arrest, to find every possible defense. If it appears your constitutional rights have been violated, we will fight to get evidence thrown out and your charges dropped.
A Former Prosecutor’s Perspective
Our founding attorney, Christina L. Williams, is a former prosecutor with experience in both Wyoming and South Dakota. She has spent her entire career in the courtroom. An experienced criminal trial attorney, she uses strategies and tactics to fight for her clients’ rights.
Consequences of DUI / DWUI Charges in Wyoming and South Dakota
A conviction for DWUI in Wyoming, even a first offense, involves mandatory penalties. You could face up to 6 months in jail, fines up to $750, and a substance abuse assessment. Critically, your driver’s license will be suspended, typically for 90 days on the first conviction. Wyoming law may also mandate the installation of an ignition interlock device (IID) on your vehicle at your own expense. Penalties escalate sharply for subsequent offenses, involving mandatory jail time, higher fines, longer license suspensions, and potentially felony charges.
In South Dakota, a first-offense DUI is generally a Class 1 Misdemeanor, carrying potential penalties of up to 1 year in jail, a $2,000 fine, and driver’s license revocation for a minimum of 30 days up to one year. Factors like high blood alcohol content (BAC) or having minors in the vehicle can increase these penalties. Mandatory chemical dependency evaluations are standard, as well. Repeating offenses lead to progressively harsher sentences, longer revocation periods, mandatory jail time, and can elevate the charge to a felony. An IID may also be required.
Beyond these direct legal penalties, a DUI/DWUI conviction creates significant ripples. Expect substantial increases in your auto insurance premiums, or possible cancellation of your policy. Your employment may be affected, particularly if your job requires driving or holding a commercial driver’s license (CDL). Professional licenses can be jeopardized, and the conviction will appear on background checks, potentially hindering future opportunities. There is also the associated financial burden that includes not only fines but also costs for treatment programs, IID installation and monitoring, and increased insurance.
Read More: FAQs about the consequences of criminal conviction.
The DWI Process in WY & SD
Navigating the legal system after an arrest for driving under the influence (DWUI in Wyoming, DUI in South Dakota) involves a structured approach. At Just Criminal Law, we believe understanding these steps provides critical clarity during a challenging time. While case details vary, the general pathway includes several distinct phases common in both Wyoming and South Dakota.
The process typically begins with the traffic stop, arrest, and booking. You will likely be asked to submit to chemical testing (breath, blood, or urine) under implied consent laws; refusal or failure can trigger immediate administrative driver’s license suspension separate from the criminal charge. Following this, an initial court appearance, or arraignment, is scheduled where formal charges are presented, you enter an initial plea, and conditions of release (bail/bond) are set.
Subsequently, the case enters a pre-trial phase. This period involves reviewing evidence (discovery), negotiating with the prosecution, and potentially filing legal motions challenging aspects of the case, such as the legality of the stop or the chemical test administration.
Ultimately, the case proceeds toward a resolution, which could be a plea agreement, dismissal, or a trial before a judge or jury. If convicted, a sentencing hearing determines the final penalties.
We guide clients through every step of the process, leveraging our deep understanding of the Gillette community and the legal systems in Wyoming and South Dakota.
Get Help from Just Criminal Law
Providing the DUI defense you deserve from an advocate you can count on. It’s never too early to get our team involved.
Call our Gillette DUI/DWUI lawyer at (307) 300-2240 or contact us online to schedule your personalized case review and strategy session. Spanish language services are available upon request.
Our Frequently Asked Questions
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What are the Criminal Penalties for DUI in Wyoming and South Dakota?
Wyoming
In Wyoming, the criminal penalties connected to DUI charges depend on whether you have been convicted before. The first time you face a DUI conviction you could face:
- Up to 6 months in jail
- Up to $750 in fines
- Installation of an ignition interlock device if your blood alcohol content (BAC) was .15 or higher
Second and subsequent offenses mean mandatory minimum jail times, higher fines, longer license suspensions, and mandatory interlock devices. On your 4th offense, you could go to prison for up to 2 years.
South Dakota
South Dakota's DUI criminal penalties are more straightforward. On a first or second offense, you could face:
- Up to 1 year in jail
- $1,000 in fines
On a third offense, you could face up to 2 years in prison and a $2,000 fine, as well as a 1-year license suspension. South Dakota does not require ignition interlock devices.
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How Much Can I Drink Before I am Legally Drunk?
Criminal DUI charges only apply if your blood alcohol content (BAC) exceeds the legal limit. Those limits are the same in Wyoming and South Dakota:
- Most drivers: .08%.
- Minors under 21 years old: .02%.
- Commercial drivers: .04%.
How many drinks it takes to hit those limits depends on several factors, including:
- Gender
- Body weight
- Prescription medications
- Type of drink
- Alcohol by volume in the drink
- Speed of consumption
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Can I Refuse a Chemical Blood Alcohol Test?
When alcohol is involved in a traffic stop, the police officer will most likely ask you to submit to a chemical blood alcohol test like a Breathalyzer. While you are legally allowed to refuse the breath test, doing so will affect your driver's license under Wyoming and South Dakota's "implied consent laws."
In Wyoming, the first refusal results in a 6-month suspension. Second or subsequent refusals result in an 18-month license suspension.
In South Dakota, any time you refuse a chemical blood alcohol test it will result in a one-year license revocation.
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What Will Happen to My License After a DUI Conviction?
A DUI or DWUI conviction in Wyoming or South Dakota will automatically result in a license suspension. How long the suspension lasts depends on your history of DUI convictions.
Wyoming
In Wyoming, the length of your license suspension increases with each DUI conviction:
- First offense: 90 days
- Second offense: 1 year
- Third offense: 3 years
On your fourth or subsequent offense, you could permanently lose your right to drive.
South Dakota
In South Dakota, the longest your license will ever be suspended is 1 year. However, depending on your case, it could be shorter:
- First offense: 30 days to 1 year
- Second offense: 180 days to 1 year
- Third offense: 1 year
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How Long Will My Past DUI Conviction Count Against Me?
A DUI conviction will continue to affect your sentencing for 10 years in both Wyoming and South Dakota.
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How Much Will I Have to Pay if Convicted of Drunk Driving?
A DUI/DWUI conviction is expensive. In addition to the fines and penalties described above, you could also face additional costs:
- Attorney fees
- Probation supervision fees
- Substance abuse treatment costs
- Alcohol screening costs
- Ignition Interlock Device installation
- License reinstatement
- Increased insurance premiums
Altogether, even a first-offense DUI conviction could end up costing you more than $10,000.
Our Client Testimonials
See What People Say About Us In Your Community
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“I got the sentence I expected, and I feel like I was valued as a client further than the courtroom. I recommended them to anyone in need of support in their corner! Thanks guys!”Mitchell
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“I would l highly recommend Just Criminal Law to anyone who needs the level of expertise they provide and I was given.”Ryan B.
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“With knowledgeable, honest, and professional paralegals like Lisa, and litigators like Josh, I was confident that my legal issues were being addressed with my best interests being paramount.”Lucas A.
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“We truly valued his professionalism and the patience he showed in answering all of our questions. He took the time to guide us through every step of the process, which made us feel at ease with the court proceedings.”Rachel G.
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“I had an excellent experience working with Josh Taylor on my case. From the very beginning, they were professional, knowledgeable, and genuinely cared about my situation.”Nicole V.
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“Not only did this law firm help me in a terrible situation, every person I talked to there was exceptionally kind, professional, and understanding. Joshua Taylor, was not only very experienced and good at his job...but also made me feel heard and relieved ”Jessica T.
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“It was money well spent, Josh Taylor did his job the whole process from start to finish deserves a 10 start would not think twice about using their professional services TOP NOTCH.”Mark P.
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“I was able to speak directly with an attorney, Joe he answered all my questions and told me about his team I felt confident and comfortable. I hired them and they were able to get my case dismissed in about 2 months!”Dayanna A.
