A Former Prosecutor Defending Clients in Wyoming and South Dakota

Five Questions About Penalties for a DWUI in Wyoming

In Wyoming, you can be charged with Driving While Under the Influence (DWUI) if your Blood Alcohol Content (BAC) is .08% or higher (.04% or higher for commercial drivers), or if you are under the influence of alcohol or any controlled substance.

A DWUI based on your BAC is known as a per se violation and does not require additional evidence that you were impaired. By contrast, if you do not have normal control of your body or mental faculties you can be charged with a DWUI for being “under the influence.”

If you have been charged with a DWUI in Wyoming, you face up to 6 months in jail, a fine of up to $750, and, for a first offense, a license suspension of up to 90 days. Hiring an experienced DWUI defense attorney is an important first step to protect your rights and reduce the likelihood that you will be convicted.

Wyoming DWUI defense attorney Christina L. Williams has been practicing criminal law since 2001. Here she answers five common questions about penalties for a DWUI conviction in Wyoming, and explains how hiring an experienced DWUI defense lawyer can help.

What Are the Penalties for a DWUI in Wyoming?

If you are convicted of a first-time DWUI conviction you can receive a sentence of up to 6 months in jail, a fine of up to $750, and a license suspension of up to 90 days. You will also need to complete substance abuse treatment and, based on the results, the court may order sobriety monitoring which uses alcohol and drug monitoring equipment to ensure that participants remain sober.

When you were arrested and charged with a DWUI, your license was suspended and you were issued a 30-day temporary license. If you wish to contest the license suspension, you must do so within 20 days of your arrest. If you do not contest your license suspension, your driver’s license will be suspended for 90 days after the temporary license expires. 

Can I Get a Temporary License After a DWUI?

If you do not have any prior DWUI offenses in the 5 years before you were charged with a DWUI, you can request a probationary license. A probationary license allows you to drive under limited circumstances during your license suspension. If you do have prior DWUI offenses in the preceding 5 years, you can apply for a restricted license that allows you to operate a vehicle during the time of your license suspension if you have an IID installed in your vehicle.

Do Penalties Increase for a Second or Third, or Fourth DWUI?

Penalties for a DWUI in Wyoming are based on the number of prior DWUIs you have on your criminal record. Wyoming uses a 10-year “look-back” period. If you have prior DWUI offenses in the 10 years before your most recent offense, those DWUI offenses will be counted in determining the severity of your penalties.

Penalties for a DWUI conviction in Wyoming are as follows:

 

1st Offense

2nd Offense

3rd Offense

Jail

Up to 6 months

7 days to 6 months

30 days to 6 months

Fine

Up to $750

$200 to $750

$750 to $3,000

License Suspension

90 days

1 year

3 years

Ignition Interlock Device (IID)

6 months with a BAC of .15% or higher

1 year

2 years

 

The judge will also consider aggravating factors. For example, if you were under the influence of drugs or alcohol and caused a serious accident you could face felony charges with penalties up to 10 years in jail, a 3-year license revocation, and fines from $2,000 to $5,000.

Is a Wyoming DWUI a Felony?

A felony is any crime that is punishable by a year or more in prison. In Wyoming, a “normal” DWUI is not a felony. However, if you cause serious bodily injury while under the influence of drugs or alcohol you are subject to Wyoming’s “serious bodily injury” DWUI enhancement statute which makes it a felony to cause serious bodily injury while under the influence of drugs or alcohol. A fourth Wyoming DWUI in 10 years is also a felony, punishable by a fine of $2,000 to $5,000 and up to 10 years in jail. 

Can a Lawyer Get a DWUI Charge Reduced or Dismissed?

Wyoming law prevents prosecutors from dismissing or reducing a DWUI charge unless there is insufficient evidence to sustain the original charge. By working with an experienced Wyoming DWUI defense lawyer, you give yourself a better chance of having the charges reduced or dismissed. A DWUI defense lawyer will investigate the alleged offense and challenge the evidence against you by filing motions to suppress evidence that was unlawfully obtained or might confuse the jury. 

Charged with a DWUI in Wyoming? Just Criminal Law Will Protect Your One Shot at Justice

Wyoming DWUI charges are serious. Give yourself the best chance of beating the charge or having the charges reduced by hiring an experienced DWUI defense attorney.

Christina L. Williams and her team of DWUI defense professionals have been defending people accused of DWUIs in Wyoming since 2012. Before opening her own law firm, Ms. Williams worked as a prosecutor where she learned how the government prosecutes DWUI cases.

If you’ve been charged with a DWUI, don’t leave it to chance. Contact us today to put our team of DWUI defense professionals to work for you.

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.

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