What BAC level triggers aggravated DUI in Wyoming?

Under Wyoming law, a BAC of .15% or higher is considered aggravated DWUI. This is almost twice the normal .08% limit. At this level, mandatory minimum sentences apply regardless of a person's past.

Is aggravated DUI always a felony in Wyoming?

Not necessarily on a first offense. A first aggravated DWUI is usually a misdemeanor, but if someone gets hurt badly or has a history of similar crimes, the charge can become a felony with a possible five-year prison sentence.

Can an aggravated DUI charge be reduced in Wyoming?

Yes. If you can successfully challenge the evidence for the aggravating factor, such as a high BAC reading, the presence of a minor, or an injury, the charge can be lowered to a standard DWUI or another charge. We review every aggravated DUI case to determine whether there are ways to reduce or dismiss the charges.

What is the 20-day rule after an aggravated DUI arrest in Wyoming?

If you get arrested in Wyoming, you have 20 days to ask for a hearing to fight the suspension of your license. If you miss that window, your license will be suspended no matter what happens in the criminal case. This deadline is still in effect even if you don't have a lawyer. Call us right away.

DUI & DWUI Defense in Wyoming

Wyoming DUI Defense Attorney

Charged with DUI or DWUI? Work with former prosecutors who know how to fight back.

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Former Prosecutor Perspective

25+ Years Criminal Defense Experience

Serving Wyoming & South Dakota

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DUI & DWUI Defense in Wyoming

What a DUI Charge in Wyoming Really Means for Your Life

In Wyoming, a DUI charge goes through the courts quickly. Police are building a case against you from the moment they pull you over, and the choices you make in the next 48 hours can make a big difference in your defense. Wyoming takes drunk and impaired driving very seriously, and being found guilty has effects that go beyond the courtroom.

Wyoming DUI Law: What You Are Actually Charged With

Driving While Under the Influence (DWUI) is the term used in Wyoming to cover both alcohol and drugs. According to Wyo. Stat. § 31-5-233, a person is guilty of DWUI if they drive a car with a blood alcohol level of 0.08% or higher or while under the influence of drugs or alcohol to the point where they can’t drive safely. If the officer thinks you are impaired, you can still be charged even if your BAC is less than 0.08%.

DUI Penalties in Wyoming

In Wyoming, a first DUI offense is a misdemeanor that can lead to up to six months in jail, fines of up to $750, and a 90-day license suspension. If you get caught again within 10 years, you could spend up to a year in jail and have your suspension extended. A third offense in ten years is a felony, and you could go to prison for up to five years. These are just starting points. Things like a high BAC, an accident, or a minor in the car can all make the charges and penalties worse.

How We Defend DUI Cases in Wyoming

Christina Williams and her team used to be prosecutors, so they know how DUI cases are put together and where they go wrong. We look at every part of the stop: Did the officer have a good reason to pull you over? Did they do the field sobriety tests the right way? Was the breathalyzer calibrated and in good working order? Was the blood draw done in a legal way? Any of these problems could be enough to keep evidence from being used or to lower or drop charges. We have won DUI cases in front of juries in Wyoming.

Why Acting Quickly After a DUI Arrest in Wyoming Matters

If you are arrested for DUI in Wyoming, you have only 20 days to request a hearing to contest the suspension of your license. If you miss that deadline, your license will be automatically suspended, no matter what happens in your criminal case. This is just one of the many reasons why you must call a lawyer right away after being arrested for DUI.

Don’t say you’re guilty until you talk to us. Call Just Criminal Law today for a free, private case review to find out what your options are.

Related Charges We Also Defend

Dark blue painted brick wall with uniform rectangular bricks in horizontal pattern.

First DUI A first offense still means jail time and a suspended license. Before you plead, make sure you know your options.

Felony DUI If you have a history of DUI convictions, it could be a felony with years in prison.

Aggravated DUI Higher BAC, accidents, or having a minor in the car all lead to higher charges.

Drugged Driving Having THC in your blood doesn’t mean you’re impaired. We know how to fight these tests.

Underage DUI Zero-tolerance laws apply. A youthful mistake should not define a lifetime.

Drug Crimes People who get arrested for DUI often also get drug charges. We support both.

Why Clients in Wyoming and South Dakota Choose Just Criminal Law

Former Prosecutors on Your Side

Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

Criminal Defense Is All We Do

We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.

Local Knowledge That Matters

We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.

Spanish Language Services Available

Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.

25+ Years of Success

Real Results for Wyoming & South Dakota Clients

Other
Suppression Appeal — Wyoming Supreme Court
District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

Barney v. State of Wyoming — Wyoming Supreme Court
CASE DISMISSED
Reckless Endangering / Domestic Battery / Child Endangering — Wyoming
Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

State v. Quezada-Lopez — Wyoming Circuit Court
CASE DISMISSED
DUI / DWUI — Wyoming
Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

State v. Von Olnhausen — Wyoming Circuit Court
CASE DISMISSED
Felony Child Abuse — Wyoming
Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

State v. Bullinger — Wyoming District Court

See All Case Results

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Frequently Asked Questions About DUI Charges in Wyoming

Instead of DUI, Wyoming uses the term DWUI, which stands for “Driving While Under the Influence.” The words mean the same thing. DWUI applies to both alcohol and drugs that are illegal, like marijuana and prescription drugs. If an officer thinks you are impaired, you can still be charged with DWUI even if your BAC is below the legal limit.

Yes. If you are found guilty of DWUI in Wyoming, it will remain on your criminal and driving records for good. It can affect your job, your professional licenses, your insurance rates, and even future charges if you get more than one conviction. In Wyoming, it is hard to get rid of DUI convictions, so it’s important to fight the charge from the start.

If you are arrested for DUI, the Wyoming Department of Transportation will try to take away your license. You have 20 days from the day you are arrested to ask for a hearing to fight the suspension. Your license will be automatically suspended if you don’t ask for a hearing within that time frame. You can ask your lawyer to request this hearing for you.

Yes, cases can be thrown out if the police made mistakes in how they handled the case, didn’t have a good reason to stop someone, or got evidence in a way that wasn’t legal. We have been able to get DUI cases thrown out in Wyoming by filing suppression motions. State v. Ault is one example. The case was thrown out because we showed that the police lacked reasonable articulable suspicion to extend the stop.

Yes, for sure. In Wyoming, even a first-time DUI can lead to jail time, fines, and a license suspension that could make it hard for you to work. A lawyer can find holes in the prosecution’s case, work to get the charges dropped, and, if the facts support it, take your case to trial. Most of the time, the cost of not having a lawyer is higher than the cost of having one.

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Wyoming Criminal Defense — Communities We Serve

We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

Wyoming

South Dakota

Deadwood
Sturgis (Rally)
Custer County
Lawrence County
Meade County
Pennington County

Attending the Sturgis Motorcycle Rally?

We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.

Request Your Free DUI Defense Consultation

If you have been charged with DUI or DWUI in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.