A DWUI arrest in Cody opens two cases at once. One goes through Park County Circuit Court and can result in jail time, fines, and a criminal record. The other goes through WYDOT and can take your driver’s license 30 days after notice if you miss the 20-day window to request a hearing.
Just Criminal Law defends DWUI charges in Cody and Powell, as well as across Park County. Our founder, Christina L. Williams, is a former prosecutor. She knows how these cases are built, so she knows where they fall apart.
Arrested for DWUI in Cody or Powell? What Happens Next
Deadlines start running before your first court date. Here’s what usually happens:
- You receive paperwork. If your blood alcohol level was 0.08% or above, one page of the paperwork will be a notice of suspension, and the date on it will start a 20-day countdown.
- Your court date will be in Cody or Powell, depending on the citation. Bond conditions may apply immediately.
- The prosecutors will start gathering reports and videos, so you should do the same through your lawyer.
Wyoming DWUI Penalties by Offense (W.S. 31-5-233)
Wyoming calls it DWUI: driving while under the influence of alcohol or other drugs. That second phrase is important. You can be charged even if you are parked with the engine running. Under W.S. 31-5-233, the charge applies if your blood alcohol level is 0.08% or higher, or if you are unable to drive safely due to any level of intoxication.
First offense
- Misdemeanor: Up to 6 months in jail or a fine of up to $750, or both.
- Substance use disorder assessment before sentencing.
- License suspension for 90 days.
- If the test shows 0.15% or more, six months of ignition interlock is required.
Second offense within 10 years
Now there is a floor. The court can impose a sentence of at least 7 days in jail, up to 6 months. You must serve those 7 days before probation becomes an option. Fines range from $200 to $750. You will also have to install an ignition interlock for one year and face a longer suspension (up to one year under W.S. 31-7-128)
Third offense within 10 years and beyond
- Third offense: mandatory 30 days in jail, up to 6 months. Fines ranging from $750 to $3,000. The court may suspend up to 15 days if you complete an approved inpatient program after arrest.
- Two years of ignition interlock and license revocation under W.S. 31-7-127.
- Fourth offense within 10 years is a felony with up to 7 years in prison and $10,000 fine. Lifelong interlock with the possibility of removal after five years.
Enhanced charges (serious bodily injury)
A crash changes everything. If someone suffers serious bodily injury, the charge becomes a felony carrying up to 10 years in prison and a fine of $2,000 to $5,000, plus license revocation. A second conviction under that subsection carries up to 20 years. Separately, having a passenger under 16 in the car raises the first offense up to one year in jail.
How a DWUI Case Moves Through Park County Circuit Court
Initial appearance and arraignment
The judge reads the charge, sets or reviews bail, and asks for a plea. Having a lawyer here can affect your release conditions. Wyoming’s 180-day speedy trial clock starts at arraignment, and we track it from day one.
Pretrial, negotiation, and motions to suppress
Under W.S. 31-5-233(j), a prosecutor cannot reduce or dismiss a DUI charge unless they state in open court that the evidence will not hold up. Therefore, the defense must find real problems with the case. We will start with three possible issues:
- The stop: Did the police officer have a legal basis for stopping you?
- The arrest: Was there probable cause or just a suspicion based on a smell or hunch?
- The test: Wyoming requires specific methods and trained personnel for breathalyzer tests and blood draws. Breath machines need proper maintenance records, and blood draws require qualified individuals. Missing information or errors can cause the results to be excluded from evidence.
Trial or resolution, and felony-level charges
Many cases are resolved before trial. Some aren’t. If your case goes to trial, we are ready. Felony DWUI begins in circuit court with a preliminary hearing and can then be transferred to the Park County District Court in Cody.
Your License After a Park County DWUI Arrest
Administrative suspension is separate from the criminal case
Winning in court does not automatically save your license. If your chemical test shows 0.08% or more, the officer will send a sworn statement to the WYDOT, suspending your license for 90 days under W.S. 31-6-102. If you are later convicted, the suspension will be reduced by those 90 days.
The contested case hearing and the 20-day deadline
You have 20 days from the date of the notice to request a hearing. Not from the court. If you miss it, the suspension begins 30 days later.
Request it in time, and an independent hearing examiner must schedule the hearing within 45 days (W.S. 31-6-103). That hearing is also an early look at how the officer explains the stop. We use it.
Chemical test refusal consequences
Wyoming changed its refusal law in 2011. Today, if you refuse, an officer can seek a search warrant, even if it is issued remotely by phone or video. A test can then be administered. Refusal does not stop the testing process. Commercial drivers are subject to their own disqualification rules under W.S. 31-7-305. If you refuse, tell us. This changes the strategy.
Stopped in Cody While Visiting? Out-of-State and Tourist-Season Drivers
Cody fills up every summer, and many DWUI stops during Stampede week and rodeo season involve people who live hundreds of miles away. There are three things to consider:
- Your home license. Wyoming may suspend your driving privileges and report the outcome to your home state, which may lead to additional penalties.
- The assessment. Non-residents can complete the required substance abuse treatment assessment with a certified provider in their home state.
- Court appearances. Some court appearances may require your presence in person. We will inform you about these and help you plan your travel accordingly.
The 20-day hearing deadline applies to you too.
