A Former Prosecutor Defending Clients in Wyoming and South Dakota
When you think about being charged with Driving While Under the Influence, or DWUI, in Wyoming, most people think of driving after having too much to drink, and getting caught.
But did you know you can also be charged with a Wyoming DWUI for being under the influence of other intoxicating substances, like marijuana and other recreational drugs, and even prescription drugs?
Wyoming law prohibits “Driving or having control of a vehicle while under the influence of intoxicating liquor or controlled substances to a degree that renders the person incapable of driving safely.” In other words, you can be charged with a DWUI in Wyoming for being under the influence of any controlled substance if it makes you unable to safely operate a motor vehicle.
As most people know, the legal limit for alcohol consumption in Wyoming is a Blood Alcohol Content, or BAC, of .08%. But when it comes to marijuana, any amount that is present in your blood or urine while you are driving is enough to land you in jail facing Wyoming DWUI charges. And because marijuana can stay in your body for up to 30 days, you could be charged with DWUI even if it has been weeks since you last consumed marijuana.
Like marijuana, driving while under the influence of prescription drugs can lead to an arrest for DWUI. If there is any amount of a prescription drug in your blood or urine that makes you incapable of driving safely, you can still face Wyoming DWUI charges, even if you have a valid prescription. The question will be whether the prescription drug made you incapable of safely operating a vehicle.
Whether you’ve been charged with a Wyoming DWUI for alcohol, marijuana, recreational drugs, or prescription drugs, the penalties are the same.
First-time DWUI offenders face a maximum jail sentence of up to six months, a fine of up to $750, or both. A first-time DWUI conviction also carries a mandatory minimum license suspension of 90 days. You should hire an attorney to challenge the mandatory minimum license suspension, but act quickly - you only have 20 days in which to do so.
Fines and penalties increase for second, third and fourth offenses. In calculating whether this is a second, third, or fourth offense, Wyoming courts do not distinguish between the type of intoxicating substance you were under the influence of. So if you receive one DWUI for driving while under the influence of alcohol and are later charged with driving while under the influence of marijuana, the charge for driving under the influence of marijuana is still your second DWUI offense.
If you’re facing a Wyoming DWUI charge, whether you were under the influence of alcohol, marijuana, recreational drugs, or prescription drugs, the potential fines and jail time are severe. And because Wyoming has a 10 year look-back period, a DWUI conviction will remain on your record and will influence any future criminal charges for a long time. That’s why it’s important that you hire a skilled and experienced Wyoming DWUI defense attorney as quickly as possible after you’ve been charged.
At Just Criminal Law, I put my team of DWUI defense professionals to work for you. We work hard to reduce the charge, or even have your case thrown out.
If you’ve been charged with a DWUI in Wyoming, contact the experienced criminal defense professionals at Just Criminal Law today for a free, no obligation initial consultation. Call us at 307-686-6556, email firstname.lastname@example.org, or complete our online form.
If you’ve been charged with a DWUI in Wyoming, there are court filings and administrative procedures that need to be addressed quickly. Don’t delay – contact Just Criminal Law today.
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.