Most people hear the term “DUI” and think of fines, a suspended license, or maybe a night in jail. However, in Wyoming, some DUI charges carry heavy consequences. Is a DUI a felony in Wyoming?
If you are facing charges or want to understand the law, you want to know when a DUI crosses the line from misdemeanor to felony and what penalties may follow.
What Are DUIs in Wyoming?
For most drivers, a first-time DUI in Wyoming is charged as a misdemeanor offense. Drivers can be arrested for DUI if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or if alcohol, drugs, or a combination of substances impair them. For commercial and teen drivers, those thresholds are lower.
While a first offense is considered a misdemeanor, the penalties are still serious. A conviction may lead to:
- Jail time
- Fines
- Driver’s license suspension
- Mandatory alcohol education or treatment
- Increased insurance costs
However, certain aggravating factors can elevate a DUI to a felony offense in Wyoming.
When Does It Become a Felony?
There are a few situations when a DUI goes from a misdemeanor to a felony. This can happen when repeat offenses or injuries are involved.
A Fourth DUI Within 10 Years
One way that a DUI becomes a felony is through repeat offenses. In Wyoming, a fourth DUI conviction within 10 years is charged as a felony. There is a look back at prior DUI convictions.
With a felony DUI conviction, it can carry severe penalties, including:
- Prison time
- Substantial fines
- Long-term license revocation
- Mandatory substance abuse treatment
- Probation and monitoring requirements
Unlike a misdemeanor, a felony conviction can follow someone for the rest of their life. This can affect everything from professional licensing to loss of certain rights.
DUI Causing Serious Bodily Injury
If impaired driving causes serious bodily injury to another person, then the charge can be raised to a felony.
Even if the driver has no prior DUI convictions, prosecutors may still pursue felony charges if another person suffers major injuries.
DUI Resulting in Death
A fatal DUI crash may lead to felony homicide-related charges under Wyoming law. Depending on the circumstances, prosecutors could pursue an aggravated homicide by vehicle charge.
What Else Can Increase DUI Penalties?
Even if a DUI remains a misdemeanor, there are some aggravating factors that can elevate the charge. This can include:
- Having a very high BAC
- Driving with a child in the vehicle
- Refusing a chemical test
- Causing property damage or a collision
- Driving on a suspended license
Judges view these factors as evidence of dangerous behavior. In turn, that may lead to stricter sentencing.
Legal Help Is Important
DUI cases are not always easy. If you are involved in a felony DUI case, you need experienced legal help. A skilled DUI lawyer can assist with these complex charges. Many times, they involve accident investigations, chemical testing procedures, field sobriety testing, and witness testimony.
An experienced DUI defense attorney may examine whether:
- Law enforcement followed proper procedures
- Chemical testing equipment was accurate
- The traffic stop was lawful
- Constitutional rights were violated
Depending on the facts of the case, an attorney may be able to challenge evidence, negotiate reduced charges, or pursue alternative sentencing options.
Some DUIs Could Be Elevated to a Felony
So, is a DUI a felony in Wyoming? Sometimes, that can happen. For first-time DUI offenses, they are misdemeanors. However, repeat offenses and accidents involving serious injury or death can result in felony charges.
Wyoming courts take impaired driving seriously. The penalties can be substantial. If you are facing misdemeanor or felony DUI charges, Just Criminal Law is ready to help. We will look over the facts of your case and provide you with a few options. Schedule a consultation today.
