A Former Prosecutor Defending Clients in Wyoming and South Dakota
If you were charged with a second DWUI in Wyoming within 10 years you face severe punishments that could seriously impact your drivers’ license and your livelihood.
A prior DWUI conviction means that you are classified as a “repeat offender” and that the court can, and often will, impose harsher penalties than for a first DWUI charge.
If you are facing a second DWUI charge, it’s important that you hire a team of experienced Wyoming DWUI defense professionals to challenge the evidence against you, negotiate a plea bargain, or even have the case against you thrown out.
You can be charged with a Wyoming DWUI if you are operating a motor vehicle with a Blood Alcohol Content (BAC) of .08% or higher. You can also be charged with a Wyoming DWUI if you display signs of intoxication.
When you were arrested the police ran a criminal background check to see if you have any prior offenses. If you have a prior conviction for a DWUI or other alcohol-related offenses within the last 10 years, you will be charged as a “repeat offender”.
If you are suspected of a second DWUI and refuse a breath, blood, or urine test your driver’s license will be suspended for up to 18 months.
Also remember that if you are charged with a Wyoming DWUI you have only 20 days from the date that you received the Notice of Suspension, which you received when you were charged with a DWUI, to request a Contested Case Hearing with the Wyoming Office of Administrative Hearings if you wish to challenge a drivers’ license suspension.
If this is your second DWUI in the last 10 years, you face harsher penalties than for your first DWUI.
In Wyoming, a second DWUI offense within 10 years is a misdemeanor, punishable by a minimum of 7 days in jail and a maximum of 6 months in jail. If you are convicted of your second DWUI offense in 10 years you also face a fine between $200 and $750, plus court costs, and will be required to attend a substance abuse program at your expense.
You face mandatory installation of an ignition interlock device (IID), which will be required for 1 year from the date of conviction. This is in addition to the interim installation of IID that many judges require while you are on probation after you have been charged but before you case has been resolved.
A conviction for a second offense DWUI will also result in a 1-year license suspension.
Second time offenders are not eligible for a probationary drivers’ license.
When it comes time to have your drivers’ license reinstated you will be required to show proof of financial responsibility in the form of an SR-22 bond that meets minimum state insurance requirements.
You will also need to pay a license reinstatement fee.
If you were charged with a second DWUI while you were still on probation from your first DWUI, the penalties can be even worse.
A second DWUI while you were on probation for your first DWUI is almost certainly a probation violation, and can trigger additional penalties in the first DWUI case. In addition to the first case, you will now be facing charges for a second DWUI.
The best way to avoid a second DWUI charge is to take steps so that you do not get behind the wheel when you are under the influence of drugs or alcohol.
If you believe that you may have had too much to drink, it is better to be safe than sorry. Call a cab, call a friend or a family member for a ride, or use a ride-sharing service like Uber or Lyft.
If you are facing a second DWUI in Wyoming, it’s critical that you work with a skilled and experienced team of criminal defense professionals who will work hard to challenge the evidence against you, try to have the charges against you reduced, or even have your case dismissed.
Remember - you are innocent until proven guilty. A skilled Wyoming criminal defense lawyer will investigate the charges against you to determine what defenses may be available to you.
A skilled Wyoming DWUI defense lawyer will challenge the evidence you - from whether the police officer had probable cause to initiate the traffic stop, to whether the Field Sobriety Tests (FSTs) were performed properly, and whether the results of a BAC tests are accurate.
If you have been convicted of a DWUI before, the prosecutor will be more likely to reduce the charges if your DWUI defense lawyer has built a solid case against the second DWUI charge.
A criminal defense lawyer may be able to reduce the time you spend in jail, reduce the amount of money you owe in fees, or reduce the amount of time your drivers’ license is suspended.
Timing is critical, so act now.
Regardless of what the police or your friends may have told you about a second DWUI charge, it is possible to negotiate a plea bargain, or even have the case against you thrown out.
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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.