What to Expect in Your Wyoming DWUI Case
April 21st, 2023
A Wyoming DWUI charge can have serious legal, personal, professional, and financial consequences. Prosecutors in Wyoming take DUI cases seriously. If you have been charged with a Wyoming DWUI, you need an experienced DWUI defense team on your side to explain the process and protect your rights.
Hire a Lawyer As Soon as Possible
The first thing you should do after a DWUI charge is to hire an experienced DWUI defense team. Wyoming DWUI laws are complex, and the consequences of a conviction are severe. The criminal defense team at Just Criminal Law will independently investigate the case against you, mount a vigorous defense, and provide you with advice based on your unique situation.
After a DWUI charge, your case will be scheduled for an arraignment. This is your first court appearance. If you wish to challenge the criminal charge (which you should), you must plead Not Guilty. If you enter any other plea, you give up your right to fight the criminal charge.
The Pre-Trial Hearing
After you plead Not Guilty at the arraignment, the judge will schedule a pre-trial hearing. This will be the first meeting with the prosecutor. Your lawyer will use this opportunity to discuss your case, the evidence against you, and the possibility of a favorable resolution.
Request Limited Driving Privileges
When you were stopped and charged with DWUI, law enforcement officers provided you with a temporary driver’s license and a Notice of Suspension. The temporary driver’s license is valid for 30 days after you were arrested. Once those 30 days are up, your driver’s license will be suspended for 90 days.
You should challenge the driver’s license suspension and must do so within 20 days after you were arrested. If you do not challenge the license suspension, your driver’s license will be suspended for 90 days, even if you are ultimately not convicted of DWUI.
In most cases, you can request a probationary driver’s license while your driver’s license is suspended. To request limited driving privileges, you will need to request a record review from the Wyoming Department of Transportation. You will also need to submit to an alcohol assessment and show that suspending your driver’s license will make it difficult to obtain basic necessities like food, clothing, shelter, or education.
After the pre-trial hearing, our criminal defense team will evaluate the evidence the prosecutor intends to introduce to prove you guilty. The evidence and the way we challenge it will differ depending on the specifics of your situation.
The common ways to defend against a DWUI charge involve challenging:
- Whether law enforcement had probable cause to initiate a traffic stop
- The circumstances under which the officer asked you to perform the Field Sobriety Tests
- Whether there were alternate explanations for your alleged intoxication
- The accuracy of the chemical tests that were used to evaluate your Blood Alcohol Content (BAC)
- Whether the law enforcement officers violated your civil rights
File a Motion to Suppress Evidence
Once we have identified how we will challenge the evidence, we will file a Motion to Suppress. This document is filed with the judge and asks that certain pieces of evidence be excluded. Evidence should be excluded if it is unreliable, was improperly obtained, or is likely to confuse the jury.
If our Motion to Suppress is successful, the judge and jury will not consider the evidence that was suppressed. Without this evidence, it will be more difficult for the prosecutor to secure a conviction. As a result, the prosecutor will be more likely to agree to a plea to a reduced charge. In some cases, the prosecutor will have no choice but to dismiss your case entirely.
Regardless of the outcome of the Motion to Suppress, we will negotiate with the prosecutor for a reduced charge or a less severe punishment. Everyone has different goals and objectives for negotiating a plea bargain. We will evaluate your situation and offer advice, but we will never agree to a plea bargain without your approval.
If we cannot resolve your case through a plea bargain, your case will be scheduled for a criminal trial. At trial, you are innocent until proven guilty. The prosecutor will present evidence to try to prove you guilty. We will question witnesses, present evidence, and argue why you should be found Not Guilty.
Just Criminal Law: Protecting Your One Shot at Justice
If you have been charged with a DWUI in Wyoming, you need an experienced criminal defense team on your side. Just Criminal Law is here to answer your questions, protect your rights, and minimize the consequences of a DWUI charge.
To learn more, contact us today to schedule your personalized case review and strategy session, when we will discuss your case and how we can help.
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.
Categories: DUI / DWUI / Drunk Driving