Aggravated DUI Lawyer

Serving Wyoming & South Dakota

An aggravated DUI in South Dakota or aggravated DWUI in Wyoming is far more serious than a standard impaired driving offense, often involving specific factors like extremely high blood alcohol levels, repeat offenses, or the presence of minors in the vehicle. 

At Just Criminal Law, we help people like you navigate these complex charges. We are prepared to offer legal guidance, guide you through the legal process, and work tirelessly to build a strong defense tailored to your case. Whether you're facing charges in Wyoming or South Dakota, we can provide clarity, support, and skilled representation every step of the way.

If you face an aggravated DUI or DWUI charge, knowing the specific factors and potential consequences is vital. Contact Just Criminal Law at (307) 300-2240 to discuss your situation with an aggravated DUI lawyer in Gillette, WY.

Aggravated DUI in Wyoming & South Dakota

Driving under the influence (DUI) becomes aggravated when certain serious conditions or behaviors are present, increasing the severity of the offense. Both Wyoming and South Dakota have specific criteria for what constitutes an aggravated DUI.

An aggravated DUI typically involves more than just operating a vehicle under the influence of alcohol or drugs. It includes circumstances that pose a greater risk to public safety or show heightened negligence. These factors often lead to harsher legal consequences, such as stiffer fines, longer license suspensions, or extended jail time.

Factors Leading to Aggravated Charges

Certain circumstances defined by state law will elevate a standard DUI or DWUI to an aggravated offense in Wyoming and South Dakota. The presence of these factors results in significantly increased penalties compared to a basic violation.

Aggravating factors in Wyoming include:

• Operating a vehicle with a Blood Alcohol Content (BAC) measuring .15% or higher.
• Transporting a passenger younger than 16 years old while impaired.
• Causing serious bodily injury to another person (this can result in felony charges).
• Having multiple prior DWUI convictions within the state's ten-year lookback period.

Alternatively, factors in South Dakota include: 

• Driving with a Blood Alcohol Content (BAC) measuring .17% or higher.
• Having a passenger younger than 18 years old in the vehicle while driving under the influence.
• Causing serious bodily injury to another person (which constitutes a felony DUI).
• Operating a vehicle while your driver's license is suspended or revoked due to a prior DUI offense.
• Accumulating multiple prior DUI convictions within the state's ten-year lookback period.

Confirmation of any of these legally defined aggravating factors triggers the application of harsher sentencing guidelines.

Penalties for Aggravated DUI in Wyoming & South Dakota

In Wyoming, specific circumstances defined as a first aggravated DWUI offense can result in mandatory consequences. These may include required minimum jail time of at least seven days, fines ranging specifically from $200 to $750, and a definite 90-day driver’s license suspension. Additionally, offenders typically must install and maintain an ignition interlock device (IID), covering all associated costs, to regain driving privileges.

South Dakota applies an equally firm approach. Depending on the aggravating factors like BAC level, penalties for a first offense can include potential jail sentences of up to one year and elevated fines. License revocation is common, alongside mandated alcohol treatment or education programs. For severe cases involving repeat offenses or injuries, the consequences escalate dramatically, potentially leading to multi-year prison terms and fines amounting to thousands of dollars. 

Both states demand rigorous compliance with sentencing terms; failure can result in further penalties, making it vital to understand the full implications of these serious charges.

How a Gillette Aggravated DUI Attorney Can Help You

At Just Criminal Law, we carefully analyze every aspect of your aggravated DUI/DWUI charge under Wyoming and South Dakota law. This includes a thorough review of the evidence, particularly any aggravating factors such as elevated BAC levels, prior offenses, or resulting injuries. We work to safeguard your constitutional rights by identifying and challenging procedural errors, unlawful actions by law enforcement, or improperly conducted sobriety tests. Our services also include guiding you through the legal complexities of court proceedings and administrative driver’s license hearings specific to these states.

Additionally, Just Criminal Law handles all communications with prosecutors on your behalf. We explore opportunities for charge reductions or alternative sentencing options based on the unique circumstances of your case and effectively present any mitigating factors. If your case goes to trial, we can develop and implement a strong defense strategy. 

With the potential for severe consequences, including felony convictions tied to aggravated charges, having capable legal representation is essential when facing these serious matters in Wyoming or South Dakota. Schedule a free case consultation with an aggravated DUI lawyer in Gillette today by calling (307) 300-2240 or contacting us online.