Your Best Defense to a Wyoming Drunk Driving Charge

Just because you've been arrested and charged with a DWUI in Wyoming doesn't mean you'll automatically be convicted. At Just Criminal Law, my skilled and experienced DWUI defense team is determined to finding your best defense to a Wyoming drunk driving charge — and thus your chance to avoid the hefty fines, penalties, and possible jail time that can come with a DWUI conviction.

There are many ways to challenge a DWUI charge. Because each situation is unique, not every defense will apply to each situation. But by presenting a viable defense, we might be able to have the charges reduced, or even have your case thrown out.

Did the Police Officer Have Probable Cause?

A traffic stop begins when the police officer has probable cause to believe that a suspect broke the law. If I can show that the officer did not have probable cause to stop you, any evidence obtained after the arrest cannot be considered by the court. Without this evidence, the prosecutor will have little choice but to reduce the charges, or even drop the case.

Probable cause exists when the police officer has a reasonable suspicion that a person has committed a crime. For a Wyoming DWUI charge, there are actually two parts to this question. First, did the officer have probable cause to stop you? This usually comes down to how you were driving. Probable cause to initiate a traffic stop may include:

• Speeding
• Weaving
• Driving left of center
• Running a red light or stop sign
• Hesitation going through a green light
• Having a burnt out headlight or tail-light

Once the officer began interacting with you, he or she may have suspected that you were under the influence of drugs or alcohol. This is the second part of the probable cause question. To establish probable cause, the officer must be able to articulate why he or she suspected you were driving under the influence. A "hunch" is not enough.

As a Wyoming DWUI defense lawyer, I might be able to challenge whether the police officer had probable cause for the initial stop, or whether the police officer had probable cause to investigate you for driving under the influence of drugs or alcohol. If at any point the police officer cannot establish to the court that he or she had probable cause to continue to the next phase of the investigation, I can ask the court to exclude any evidence obtained from that point in the investigation forward. Even if I am not successful in having the evidence excluded, it is still a good opportunity for me to cross-examine the police officer to discover weaknesses in the prosecution's case, which can be used to have the charges reduced or even dismissed in later hearings.

If we successfully challenge whether the police officer had probable cause for the initial traffic stop or whether the police officer had probable cause to suspect that you were under the influence of drugs or alcohol, we put a big hole in the prosecution's case, making it more likely that the prosecutor will reduce the charges against you, or even drop the case altogether.

Were the Field Sobriety Tests Properly Given?

Once the police officer established probable cause to investigate whether you were driving under the influence of alcohol or drugs, he or she probably conducted Field Sobriety Tests, or FSTs. These usually include some combination of the following:

• Walk a straight line
• Recite the alphabet backwards
• Horizontal nystagmus gaze test
• Walk and turn
• Stand on one leg

Contrary to popular belief, FSTs are not graded as Pass or Fail. Rather, they are designed so the officer can gather evidence to show that you were intoxicated. The police officer gives you a series of instructions that most sober people can complete. If you are unable to complete the test, the officer will note that you have not performed the test "as explained and demonstrated."

At Just Criminal Law, my DWUI defense team may be able to challenge the manner and conditions in which the FSTs were administered. If successful, the results will not be admissible as evidence against you. Without this evidence, it is more difficult for the prosecution to secure a conviction, and we can try to negotiate a more favorable plea bargain, or have your case thrown out.

Are the Results of the BAC Test Reliable?

After establishing probable cause for the stop and a reasonable suspicion that you were under the influence of alcohol, the police officer probably asked you to submit to a test of your Blood Alcohol Content, or BAC. The BAC test uses a sample of your breath, urine, or blood to test for alcohol. In Wyoming, you are considered legally intoxicated if your BAC is .08% or above.

My DWUI defense team may be able to challenge the results of the BAC test. These results are a big part of the prosecution's case. If we can have them excluded, the results will not be admissible and it will be much more difficult for the prosecution to prove that you were under the influence of alcohol or drugs.

There are a number of ways to challenge the results of a BAC test. For example:

• Was the test properly administered?
• Was the machine properly maintained and calibrated?
• How frequently was the machine calibrated and tested?
• How was the test sample stored prior to testing?
• Can the prosecution establish chain of custody of the sample?
• Are there errors in the machine log?
• What is your medical history, and could that impact the validity of the test?
• When was the test administered? And specifically, was it administered during the absorption phase, when BAC spikes approximately 45 minutes after a suspect stopped drinking? If so, you might not have been intoxicated at the time of arrest.

Defending a Wyoming DWUI charge is complicated. With penalties for a DWUI conviction so high, you don't want to leave your DWUI defense to chance.

Charged with a DWUI in Wyoming? Contact Just Criminal Law Today

If you've been charged with a DWUI in Wyoming, you need a team of skilled and experienced DWUI defense professionals on your side. To get started defending against your Wyoming DWUI charge, contact Just Criminal Law today for a free initial consultation.

Based in Gillette, Wyoming, Just Criminal Law represents people in Northeast Wyoming and Western South Dakota. Call 307-686-6556, email office@justcriminallaw.com, or complete our online form.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.