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Former Prosecutors Defending Clients in Wyoming and South Dakota
Wyoming law states that:
No person shall drive or have actual physical control of any vehicle within this state if the person:
A person who violates this law can be charged with Driving While Under the Influence (DWUI).
Section III of the statute is a catch-all provision that allows law enforcement officers to charge a person with drunk driving if they appear to be under the influence of alcohol or drugs. Sections I and II, however, identify a specific Blood Alcohol Concentration (BAC) at which a person is legally considered to be under the influence and are the parts of the statute that define a per se DWUI.
Per se is a Latin phrase that means “by itself.” Driving with a BAC above the legal limit is called a per se DWUI because it is illegal to have the prohibited concentration of alcohol in your system while operating a motor vehicle, even if you do not appear to be too intoxicated to drive.
If you were operating a motor vehicle and a breath, blood, or urine test records a BAC of .08% or higher, that evidence by itself means that you have committed a crime and are guilty of DWUI. The state does not need to present additional evidence to show you were intoxicated, crossed a center line, or failed a field sobriety test to prove that you were guilty of driving while under the influence.
Even if your BAC was less than the .08% limit, you can still be charged with and found guilty of DWUI if the arresting officer can provide specific evidence of impairment, such as that you were weaving, crossed a center line, or failed a field sobriety test.
The difference between an impairment DWUI and per se DWUI is how the prosecution proves that you were under the influence. In an impairment DWUI, the prosecution must prove that you ingested alcohol or drugs that actually affected your ability to operate a motor vehicle safely.
In a per se DWUI, the prosecution only needs to prove that you were driving with an amount of alcohol or drugs in your system that exceeded the legal limit.
Many law enforcement officers and some websites claim that you cannot challenge a per se DWUI charge and that hiring an attorney after a per se DWUI charge is a waste of time and money. But a Wyoming per se DWUI charge is less clear than they would have you believe.
Defenses that might be available include:
The criminal defense team at Just Criminal Law has successfully defended clients against a per se DWUI charge. We will conduct an independent investigation to learn about your unique situation and will prepare a thorough defense strategy designed to increase the likelihood of a successful result. We will move to have evidence excluded and try to negotiate for a favorable resolution or even outright dismissal of your case. But if a trial is necessary, we have the experience and expertise to handle even the most complex and technical DWUI cases. We will hold the prosecution to their burden and force them to prove you guilty beyond a reasonable doubt.
Just Criminal Law is based in Gillette, Wyoming, and represents people accused of crimes in Eastern Wyoming and Western South Dakota. We invite you to learn more about our team and how we can help by contacting us today 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.
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