You have 20 days. That is how long Wyoming gives you, from the date of the notice handed to you by the officer, to request a hearing on your license suspension after a DWUI arrest. If you miss it, a 90-day suspension will start on its own, regardless of what happens later in your criminal case.
Just Criminal Law defends DWUI charges in Kemmerer and Afton, as well as across Lincoln County. Our founder, Christina L. Williams, was a former prosecutor who knows how to build a DWUI case because she has built them before. Our team uses this knowledge to find where the state’s case is weakest.
Why Local, Prosecutor-Trained DWUI Defense Matters in Lincoln County
Wyoming makes DWUI cases more difficult to negotiate than most other charges. Under W.S. 31-5-233(j), a DWUI cannot be reduced or dismissed unless the prosecutor tells the court in open court with supporting facts that the evidence will not support the charge.
That rule shapes everything. Asking for a better deal doesn’t work nicely. Your lawyer has to show the county attorney’s office exactly where the case breaks down.
Knowing How the Cases Are Charged and Negotiated
Prosecution experience tells us what a DWUI file needs to include:
- The details of how the officer conducted the stop, field sobriety tests, and arrest.
- Which gaps in the report actually concern a prosecutor (and which don’t).
- Whether the breath or blood test results have a solid basis.
- How prior convictions are considered. An old conviction from another state may not always apply.
Wyoming DWUI Penalties by Offense (W.S. 31-5-233)
Every DWUI conviction requires a substance use disorder assessment. After that, your exposure depends on how many previous DWUIs occurred within the 10-year period.
| Offense | Jail | Fine | Ignition Interlock |
| First | Up to 6 months | Up to $750 | 6 months if BAC was .15 or higher |
| Second within 10 years | 7 days to 6 months (7 mandatory) | $200 to $750 | 1 year |
| Third within 10 years | 30 days to 6 months (30 mandatory) | $750 to $3,000 | 2 years |
| Fourth or more within 10 years | Felony: up to 7 years | Up to $10,000 | Lifetime, with review possible after 5 years |
Rural Stops on US-30, US-189 and in Star Valley
Most Lincoln County DWUI arrests start on two-lane highways after dark. The shoulders may be gravel or icy, and the nearest police station can be a long way away.
Was the Stop Legal?
Drifting inside your lane, a dead light or slow driving in elk country may or may not lead to reasonable suspicion on the part of an officer. If the stop was unlawful, the subsequent evidence can be challenged.
Field Sobriety Tests in Bad Conditions
These tests assume a flat, dry, and well-lit surface, which is rarely the case on the roadside in western Wyoming. Sloped or uneven shoulders, wind, cold, ice, headlights, emergency lights in your eyes, fatigue after a long drive on US-89 through Star Valley, injuries, age, and footwear are all factors that officers don’t always take into account.
Delayed Testing in Remote Areas
The per se rule looks at your alcohol concentration within two hours of driving, and long transportations falls within that window. Under W.S. 31-6-102, the test must be given as soon as possible after arrest. You can also get your own additional test at a hospital or clinic for your own expense.
Your License After a DWUI Arrest
Your license case and your criminal case run on separate tracks. Winning one doesn’t automatically fix the other.
Administrative Suspension and the Contested Case Hearing
A test result of 0.08 or higher leads to a 90-day suspension of your administrative license.
- You have 20 days from the date of notice to request a hearing. If you don’t request one, the suspension will start automatically 30 days after receiving the notice.
- An administrative hearing officer with the Office of Administrative Hearings will decide the contested case according to W.S. 31-7-105. If you’re convicted later, the conviction suspension will be reduced by those 90 days.
Restricted and Probationary License Options
The rules are narrow. Hardship privileges are not available for the suspension itself or if you have another DWUI conviction within the past five years. Ignition interlocks and 24/7 sobriety programs can be applied after a conviction.
