Felony DUI Lawyer

Serving Wyoming & South Dakota

A felony DUI charge in South Dakota or a felony DWUI charge in Wyoming represent the most severe impaired driving offenses under their respective state laws. These charges go far beyond standard misdemeanors, carrying serious consequences that can forever alter lives. At Just Criminal Law, we are deeply rooted in the Gillette community and committed to providing strong, focused representation for those facing these high-stakes situations.

Handling the challenges of a felony DUI or DWUI case requires focused legal support. If you or a loved one is facing these charges in Wyoming or South Dakota, contact our felony DUI attorney in Gillette at (307) 300-2240 to discuss your options.

When Is a DUI a Felony in Wyoming & South Dakota?

Most first-time impaired driving offenses are misdemeanors, but certain situations escalate them to felony charges in South Dakota and Wyoming. At Just Criminal Law, we believe it’s important to understand the key differences in state laws regarding these serious charges.

In Wyoming, a DWUI becomes a felony if it’s the fourth or subsequent offense within ten years. Causing serious injury or committing vehicular homicide while impaired also qualifies as a felony. 

In South Dakota, a DUI becomes a felony if you’re convicted three times within ten years. Like Wyoming, driving under the influence and causing serious injury, death, or harm to someone leads to felony charges.

Penalties for DUI in Wyoming & South Dakota

Wyoming imposes significant penalties for felony DWUI, with consequences depending on factors like prior offenses or whether serious injury occurred. Penalties may include several years in state prison, fines up to $10,000, long-term or even permanent driver’s license revocation, and mandatory use of an ignition interlock device (IID) for an extended period if driving privileges are reinstated. In addition to the immediate penalties, a felony conviction carries long-term repercussions, impacting civil rights and limiting future opportunities.

Similarly, South Dakota enforces strict penalties for felony DUI, classified by felony level (e.g., Class 6, 5, or 4). Possible consequences include lengthy prison sentences with maximum terms based on the felony category, substantial fines, extended or permanent license revocation, and IID requirements. As with Wyoming, a felony conviction in South Dakota has far-reaching effects on various aspects of life. These penalties underscore the seriousness with which both states address felony impaired driving.

Potential Defenses for Felony DUI Charges in Wyoming & South Dakota

One common defense challenges the legitimacy of the traffic stop itself. If law enforcement lacked reasonable suspicion to initiate the stop, any evidence gathered during the encounter could be dismissed.

Another approach involves disputing the reliability of chemical tests like breathalyzers or blood tests. These tests can produce inaccurate results due to issues like improper calibration, flawed testing procedures, or external factors such as medical conditions or medications. Highlighting testing errors can significantly weaken the prosecution’s argument.

The handling of evidence is also a critical factor. Breaks in the chain of custody or mishandling of evidence can undermine its credibility. Scrutinizing police procedures and protocol adherence can sometimes reveal mistakes that impact the case.

Finally, presenting mitigating factors, such as constitutional violations during the arrest or medical conditions influencing behavioral conditions, can provide additional defense angles. 

How a Gillette DUI Attorney Can Help You

Facing DUI charges in Wyoming or South Dakota can be overwhelming, but having a skilled attorney on your side can significantly increase your chances of a positive outcome. We understand the laws unique to these states, including differences in legal intoxication thresholds and penalties for first-time versus repeat offenses.

Our team can carefully examine the details of your arrest, identifying issues like improper traffic stops or errors in administering breathalyzer tests that may lead to key evidence being dismissed. We can also review police reports and other records to build a solid defense for your case.

With experience navigating the Wyoming and South Dakota court systems, we are prepared to advocate for you during negotiations with prosecutors. Whether seeking reduced charges, alternative sentencing, or case dismissal, our strategic approach can be instrumental in protecting your rights and helping you work toward the best possible resolution available. 

Facing a DUI charge is challenging, but the right legal support can guide you through it with confidence. Call (307) 300-2240 or contact us online to schedule a free case consultation with a felony DUI lawyer in Gillette, WY, today.