A Former Prosecutor Defending Clients in Wyoming and South Dakota

Degrees of DWUI in Wyoming and South Dakota

In Wyoming and South Dakota, you can be charged with Driving While Under the Influence (DUI / DWUI) if you have a Blood Alcohol Content (BAC) of .08% or greater, if you are under the influence of alcohol or drugs, or are under the influence of alcohol or drugs to the extent that you are incapable of safely operating a vehicle.

However, the penalties you face for a DUI / DWUI conviction can vary greatly based on the exact circumstances of your unique situation.

Wyoming DWUI Degrees and Penalties

In Wyoming, a first-time DWUI is a misdemeanor. If you are convicted of a first-time DWUI, you face the following penalties:

  • Fines of up to $750
  • Up to six months in jail
  • 90-day license suspension
  • Mandatory installation of an Ignition Interlock Device (IID) for 6 months if your BAC was .15% or higher
  • Substance abuse assessment and treatment, at your expense
  • An SR-22 Bond for 3 years after a DWUI-related conviction

Wyoming has a 10-year look-back period. If you are convicted of a second DWUI offense in 10 years, penalties include:

  • Fines of $200 to $750
  • Minimum of 7 days up to 6 months in jail
  • A 1-year driver’s license suspension
  • Mandatory installation of an IID for 1 year from the date of conviction
  • Substance abuse assessment and treatment, at your expense
  • An SR-22 bond for 3 years after a DWUI conviction

If you are convicted of a third DWUI in 10 years, you face the following penalties:

  • Fine of $750 to $3,000
  • Minimum of 30 days to a maximum of 6 months in jail
  • 3-year driver’s license suspension
  • Substance abuse assessment and treatment, at your expense
  • Mandatory installation of an IID for two years from the date of conviction
  • Possible in-patient alcohol and substance abuse treatment, at your expense
  • An SR-22 bond for 3 years after a DWUI conviction

If you are convicted of a fourth or subsequent DWUI in 10 years, you face felony charges with penalties that include:

  • Up to a $10,000 fine
  • Up to 7 years in jail
  • An indefinite driver’s license suspension
  • Installation of an IID for life (with the possibility of appeal after 5 years)
  • Substance abuse assessment and treatment, at your expense
  • An SR-22 bond for 3 years after a DUI conviction

Additional Penalties for a Wyoming DWUI

If you are involved in a car crash while you are under the influence of drugs or alcohol and someone sustains serious bodily injuries or is killed, you face a fine between $2,000 and $5,000, up to 10 years in prison, and revocation of your driver’s license. You may also face charges of vehicular homicide, which is punishable by up to 1-year in jail and a fine of up to $2,000.

If you were previously convicted of a DWUI, you face up to 20 years in prison.

South Dakota DUI Degrees and Penalties

Like Wyoming, South Dakota prohibits driving with a BAC of .08% or greater, while under the influence of alcohol, non-prescription drugs, or intoxicating inhalants, or while under the influence of a prescription that makes the driver incapable of safely operating a vehicle. Penalties for a South Dakota DUI are as follows.

A first-time DUI in South Dakota is a Class 1 Misdemeanor, punishable by:

  • A fine of up to $2,000
  • Up to 1 year in prison
  • License revocation of 30 days to 1 year
  • An SR-22 bond for 3 years after a DUI conviction

A second offense in 10 years is a Class 1 Misdemeanor, punishable by:

  • A fine of up to $2,000
  • Up to 1 year in prison
  • License revocation of at least 1 year
  • An SR-22 bond for 3 years after a DUI conviction

A third DUI offense in South Dakota within 10 years is a Class 6 Felony, punishable by:

  • A fine of up to $4,000
  • Up to 2 years in prison
  • License revocation of at least 1 year
  • An SR-22 bond for 3 years after a DUI conviction

A fourth DUI offense in 10 years is a Class 5 Felony punishable by:

  • A fine of up to $10,000
  • Up to 5 years in prison
  • License revocation for not more than 2 years
  • Possible chemical dependency evaluation
  • An SR-22 bond for 3 years after a DUI conviction

A fifth DUI conviction in 10 years is a Class 5 Felony punishable by:

  • A fine of up to $20,000
  • Up to 10 years in prison
  • License revocation of not less than 3 years
  • Possible chemical dependency evaluation
  • An SR-22 bond for 3 years after a DUI conviction

For a second or subsequent DUI offense, or any DUI involving a BAC of .17% or higher, you face a mandatory drug and alcohol evaluation and may be ordered to complete a chemical dependency program.

Additional Penalties for a South Dakota DUI

If you were under the influence of drugs or alcohol and were involved in a car accident where someone is killed, you face charges of vehicular homicide, a class 3 felony that is punishable by up to 15 years in prison, up to $30,000 in fine, and a license revocation of at least 10 years.

Just Criminal Law. Protect Your One Shot at Justice

Penalties for a DWUI / DUI conviction in Wyoming and South Dakota are severe, and you need an experienced DWUI / DUI defense attorney on your side.

At Just Criminal Law, Christina L. Williams and her team of criminal defense professionals will work hard to defend you against DWUI / DUI charges.

Learn more about the communities we serve and why clients choose us, then contact us today to schedule a personalized case review and strategy session to discuss your case.

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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