Former Prosecutors Defending Clients in Wyoming and South Dakota
Wyoming’s DWUI law, section 31-5-233, states that it is against the law for a person to operate a motor vehicle while they are under the influence of drugs or alcohol, or if they have a Blood Alcohol Concentration (BAC) of .08% or higher.
If you were stopped in Wyoming and charged with a DWUI, you should have received a temporary driver’s license and a Notice of Suspension. The temporary driver’s license is valid for 30 days after you were arrested. After those 30 days are up, your driver’s license will be suspended for up to 90 days.
You also face an additional 90-day driver’s license suspension if you are convicted of a DWUI.
An experienced DWUI defense attorney can explain the different license suspensions that apply after a DWUI charge, and can help you challenge the suspension, request a probationary driver’s license, and fight the underlying DWUI charge.
After a Wyoming DWUI charge, you actually face two different driver’s license suspensions. The first is an administrative license suspension that is triggered when you were charged with a DWUI. The second suspension will occur if you are convicted of a Wyoming DWUI.
If you wish to challenge the driver’s license suspension, you must do so within 20 days after you were arrested and charged.
Failure to challenge the suspension will result in your license being suspended for 90 days, even if you are found Not Guilty of driving under the influence.
You should always challenge the administrative license suspension. You can avoid losing your license while your case is pending. If you do not challenge the administrative license suspension, your license will still be suspended, even if you are ultimately found Not Guilty of the DWUI charge.
By challenging the administrative license suspension, your attorney can learn additional information about the prosecutor’s case and the evidence the police will present at trial to try to convict you of a DWUI. Your attorney can use this information to fight both the administrative license suspension and the underlying DWUI charge.
Unfortunately, many people incorrectly assume that, because the temporary driver’s license is valid for 30 days, they have 30 days in which to challenge the administrative license suspension. This is not the case.
In most cases, you will be eligible for a probationary driver’s license, even while your driver’s license is suspended.
To request a probationary driver’s license, you need to send a written request for a record review to the Wyoming Department of Transportation along with a $15 fee. You will also need to submit to an alcohol assessment before the Wyoming Department of Transportation will issue you a probationary driver’s license.
If you are approved for a probationary license, you will need to pay an additional $50 to have a probationary license issued.
To succeed in your request for a probationary driver’s license, you must demonstrate that a license suspension will make you unable to obtain basic necessities like food, clothing, shelter, or education.
If you are convicted of a Wyoming DWUI, you face an additional 90-day license suspension. In most cases, this suspension will run concurrently with the administrative driver’s license suspension. You are not permitted to drive during the 90-day license suspension unless you were approved for a probationary license.
If you have been charged with a DWUI in Wyoming, Christina L. Williams and her criminal defense team are here to help. Learn more about how we handle DWUI defense and why people choose us, then contact us to schedule your personalized case review and strategy session.
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.