In Wyoming, there are essentially four different types of DUIs
you could be charged with. The first, second and third offense are all misdemeanor DUIs with different penalties. The fourth in ten years is a felony DUI.
On your first offense DUI, sometimes you can be eligible for what is called a deferred prosecution. You have to meet certain requirements and the prosecutor has to make that recommendation to the court. It’s always our goal with our clients on a first offense to try to avoid a conviction and get a deferred prosecution with the fewest possible penalties and consequences. However, if you are not eligible for a deferred, a first offense generally is up to six months in jail and/or a $750 fine, or both, depending on the nature of the circumstances of the DUI. Was there an accident or was it a very un-aggravated DUI, in which maybe you were stopped for a turn signal violation. Our goal in a first offense would be to minimize the consequences, avoid jail time and keep the probationary terms at a minimum.
On a second offense in 10 years, you do have to do a mandatory 7 days in jail. We try to schedule that so you're able to work around your work schedule and not lose your job, possible break up the jail time. Again, you do have a probation that you need to get through and some suspended jail time.
With a third offense, that is a mandatory minimum of 30 days in jail. If someone is charged with a third offense, sometimes it’s available to have the person furloughed into a treatment program, in which they do not have to do the entire 30 days in custody. But, again there will be probation at the end of the jail time on a third offense.
On each DUI there is always going to be a counseling requirement that is a drug and alcohol evaluation. Our office
is familiar with the local counselors and we can definitely make a referral for our clients and try to make the process of getting through probation and satisfying the courts requirements as seamless as possible.
With a fourth offense felony DUI, again, our goal is to try to fight the case and prevent the client from becoming a felon with all of the lifetime consequences that come with a felony. With a felony conviction, the person may just be eligible to do local jail time and not go to the pen. Again, treatment is a large component in what the court will order on a felony DUI, as well.