One night in Laramie can follow you for ten years. A DWUI conviction in Albany County counts as a prior offense for the next decade and can come back to haunt you whenever an employer or licensing board checks your name. And the clock may already be ticking on your license.
Just Criminal Law defends DWUI and DUI charges throughout Albany County. Our founder, Christina L. Williams, is a former prosecutor who knows how these cases are built.
Arrested for DWUI in Laramie? What to Do Right Now
A DWUI arrest results in two separate cases, each with its own deadline. Your license suspension:
- If a breath or blood test shows 0.08% or more, you should be given a notice of suspension by the officer. Under W.S. 31-6-102(f), you have 20 days from the date of the notice to request a hearing.
- If you miss the hearing, a 90-day suspension will start automatically 30 days after receiving the notice.
- Your court date: Check your citation or bond paperwork to find out when you need to appear in Albany County Circuit Court for your first hearing. Missing this hearing can lead to a warrant for your arrest.
- Write down the details of the arrest, including where it happened, what was said to you, and what tests you took.
- Avoid posting about the arrest on social media.
Wyoming DWUI Basics (W.S. 31-5-233)
Wyoming calls it DWUI. Most people call it DUI. It’s the same charge defined in W.S. 31-5-233.
Three Ways the State Can Prove DWUI
- Per se limit: Alcohol concentration of 0.08% or more when driving.
- Two-hour rule: Result of 0.08% or more within two hours of driving after a lawful arrest during a valid traffic stop.
- Impaired: Under the influence of alcohol or controlled substances to the point where you cannot drive safely. No specific number required.
A result of 0.05% or less creates a presumption that you were not under the influence. Drivers under 21 face a separate 0.02% offense under W.S. 31-5-234, and CDL holders face disqualification under W. S. 31-7-305.
DWUI Penalties: 1st, 2nd, 3rd, and 4th Offense
Wyoming uses a 10-year lookback:
| Offense (10 years) | Jail | Fine | License | Ignition Interlock |
| 1st (misdemeanor) | Up to 6 months | Up to $750 | 90-day suspension | 6 months if BAC was 0.15%+ |
| 2nd (misdemeanor) | 7 days to 6 months (7 mandatory) | $200 to $750 | 1-year suspension | 1 year |
| 3rd (misdemeanor) | 30 days to 6 months (30 mandatory) | $750 to $3,000 | 3-year revocation | 2 years |
| 4th (felony) | Up to 7 years | Up to $10,000 | 3-year revocation | Lifetime (review possible after 5 years) |
Every conviction requires a substance use disorder assessment. A child passenger under 16 or serious injury raises the stakes even further.
Your License Is a Separate Fight: Implied Consent and the Contested Case Hearing
Implied Consent and What Happens If You Refuse
Driving in Wyoming means that you may be required to submit to a breath, blood, or urine test after a legal arrest for driving while under the influence (DWUI).
- There is no automatic suspension for refusing a test for regular drivers in Wyoming. Instead, police officers may obtain a search warrant for a blood sample, often through a phone call.
- A refusal to submit to the test can still be used against you in court under Wyoming law.
- Commercial drivers face additional consequences: refusing can result in a one-year disqualification from driving a commercial vehicle.
Requesting the Contested Case Hearing
Within 20 days, you must request a hearing under W.S. 31-7-105. An independent examiner from the Office of Administrative Hearings will decide on your case, usually within 45 days. The examiner can rescind the suspension if they find that the officer’s actions were unjustified. If you are later found guilty, the 90-day suspension will be credited against your conviction.
How a DWUI Case Moves Through Albany County Circuit Court
- Initial Appearance or Arraignment: During this stage, the charge is read, a plea is entered, and a bond is set. Often, conditions include no alcohol use.
- Discovery: This includes reports, body and dashboard camera video, as well as breath alcohol test results.
- Motions: These involve challenges to the stop, arrest, and the way the testing was performed.
- Negotiation or Trial: Under W.S. 31-5-233(j), prosecutors cannot reduce or dismiss a DWI case without stating in open court that the evidence is insufficient. The weaknesses must be shown, not simply argued. A trial is usually required within 180 days of the arraignment.
- Sentencing: The court will consider your case and make a decision based on the information presented.
Laramie DWUI Defense for UW Students
UW students often face two processes simultaneously: court and the university.
- A BAC of 0.08% can still lead to a full DUI charge. See our underage DUI defense for more information.
- Under-21 drivers with a blood alcohol content (BAC) of 0.02% or higher face a misdemeanor charge with a fine up to $750 and a 90-day license suspension. These records remain on public driving records and are expunged when the driver turns 21.
- The university’s conduct process can also apply to some off-campus behavior, running independently from the court process. What is at stake is scholarships, study abroad opportunities, and future licensure in fields such as nursing, teaching, and law. A judge may allow a student to continue attending classes while serving a jail sentence.
