Drugged Driving Attorney

Serving Wyoming & South Dakota

A conviction for driving under the influence of drugs (DUID) in Wyoming or South Dakota can have serious consequences for your freedom, finances, and future. These cases often involve complex scientific evidence and unique legal challenges that differ from alcohol-related offenses. Knowing the specific laws and procedures in these states is essential to building a strong defense against drugged driving allegations.

At Just Criminal Law, we understand the Gillette community and the legal challenges surrounding DUID cases in Wyoming and South Dakota. Since 2009, our team—featuring seasoned attorneys and former prosecutors—has handled over 10,000 criminal cases. Drawing from this extensive background, we handle even the most complicated legal situations with finesse and determination, providing focused and reliable representation every step of the way.

Call (307) 300-2240 to schedule a free consultation with a drugged driving attorney in Gillette today.

What Is Drugged Driving?

Drugged driving in Wyoming and South Dakota is defined as operating a motor vehicle while under the influence of any substance that impairs the driver’s ability to control the vehicle safely. These substances can include illegal drugs, prescription medications, and even over-the-counter remedies if they affect the driver’s mental or physical faculties. 

Driving with any detectable level of a controlled substance that affects your ability to drive is illegal in both states. Unlike alcohol DUIs, drug impairment is assessed through field sobriety tests, toxicology reports, and evaluations by trained officers. 

Penalties for Drugged Driving in Wyoming & South Dakota

Driving under the influence of drugs is treated with significant severity in both Wyoming and South Dakota, reflecting these states’ commitment to public safety. The penalties for drugged driving can be life-altering, encompassing legal, financial, and personal consequences.

In Wyoming, a first offense can result in fines of up to $750, a jail sentence of up to 6 months, and a license suspension of 90 days. Subsequent offenses lead to higher fines, longer jail sentences, and extended license suspensions. Aggravating factors, such as causing injury while driving impaired, often lead to heightened penalties, including felony charges.

Convictions in South Dakota hold similarly strict consequences. Offenders can face jail sentences of up to one year, fines reaching $2,000, and a one-year license revocation for a first offense. Subsequent violations and cases involving serious injury or endangerment escalate the punishments. Additionally, drugged driving convictions may result in mandatory substance abuse evaluations or treatment programs.

Both states emphasize the importance of responsible driving not just through penalties but also through broader consequences, such as criminal records, increased insurance costs, and potential employment challenges. These laws serve as a clear reminder of the risks and responsibilities associated with operating a vehicle while under the influence of drugs.

Penalties for Multiple Convictions

Repeat convictions for driving under the influence of drugs, treated under the states’ DUI/DWUI laws, trigger substantially harsher penalties in both Wyoming and South Dakota. 

In Wyoming (W.S. § 31-5-233), a second DWUI conviction within ten years mandates a minimum jail sentence of at least seven days, carries fines up to $750, requires a one-year license suspension, and necessitates a one-year ignition interlock device (IID) installation. A third conviction within ten years increases the mandatory minimum jail time to at least 30 days, involves higher potential fines (up to $3,000), extends the license suspension to three years, and requires a two-year IID period. A fourth conviction escalates the offense to a felony with significantly greater potential penalties.

South Dakota law also imposes escalating consequences. A second DUI conviction within ten years (SDCL § 32-23-3) is a Class 1 Misdemeanor requiring a minimum of ten days in jail and at least a one-year license revocation. A third conviction within ten years (SDCL § 32-23-4) becomes a Class 6 Felony, mandating a minimum 60-day jail sentence (with potential prison time of up to 2 years) and license revocation for at least one year. The fourth and fifth offenses (§ 32-23-4.6, § 32-23-4.7) are classified as Class 5 and Class 4 felonies, respectively, carrying longer mandatory minimum jail terms and extended revocation periods. Mandatory sobriety program participation and IID installation are also typically required for repeat DUI offenders in South Dakota. Beyond these direct statutory penalties, multiple convictions carry serious long-term consequences for reputation, employment, and future legal matters.

What to Do If You Are Pulled Over for Drugged Driving in Wyoming or South Dakota

If you are stopped on suspicion of drugged driving in Wyoming or South Dakota, staying calm and understanding your rights is critical. Following a clear process can protect your interests and prevent the situation from escalating.

First, pull over safely as soon as possible. Keep your hands visible on the wheel and wait for the officer’s instructions. Remain polite and cooperative, providing requested documents like your driver’s license, proof of insurance, and vehicle registration. Avoid making any sudden movements or defensive statements, as these can complicate the interaction.

You have the right to remain silent beyond providing basic identifying information. You are not obligated to answer questions about whether you have used drugs. If asked to perform field sobriety tests or chemical tests, understand that both states enforce implied consent laws. This means refusing a chemical test can lead to immediate penalties, such as license suspension, even if you are acquitted.

After the stop, seek legal advice from Just Criminal Law as soon as possible. We can help you understand the implications of the stop and discuss your options. Acting thoughtfully during and after the traffic stop can significantly impact the outcome of your case.

Call (307) 300-2240 or contact us online to schedule a free case consultation with a Gillette drugged driving attorney today.