A DUI arrest in Wyoming does not end when you’re released from jail or leave the traffic stop. Within days, many drivers discover they may also lose their driving privileges.
How will you get to work? How will you take your children to school? What happens if you miss an important deadline?
Many people do not realize that a driver’s license suspension is separate from the criminal DUI case. You have the right to request a Wyoming DUI contested case hearing and challenge the suspension before it takes effect.
The Clock Starts Ticking Immediately
After a DUI arrest, you have only 20 days to request a contested case hearing. If you miss that deadline, that can result in an automatic suspension, even if there are problems with the traffic stop or the evidence against you.
Since the timeline moves quickly, you want to review your paperwork and know your options as soon as possible. This is why it is always recommended to reach out to an experienced DUI defense attorney as soon as possible.
Your DUI Case and Your License Suspension Are Separate
One of the biggest myths about Wyoming DUI cases is that everything happens in one courtroom.
Remember that there are two separate proceedings. The criminal case will decide whether you are guilty of driving under the influence and what penalties may apply. However, the administrative hearing focuses only on your driving privileges.
This means you can successfully challenge your license suspension even if your criminal case is still pending.
What Is a Contested Case Hearing?
A contested case hearing is your opportunity to challenge the suspension before it takes effect.
The hearing is conducted by an examiner through the Wyoming Office of Administrative Hearings. During the hearing, both sides present evidence about the DUI arrest and the proposed suspension.
While the setting is less formal than a courtroom trial, the outcome can have a major impact on your daily life.
What evidence is considered? The state may rely on:
- Police reports
- Officer testimony
- Breath or blood test results
- Body camera footage
- Chemical test documentation
The hearing examiner will review this information and decide whether the suspension should be upheld.
Common Defenses in Wyoming DUI Hearings
There are several issues that may provide grounds to challenge a suspension. For example:
- The traffic stop itself may have been unlawful
- The officer may not have followed proper testing procedures
- Breath or blood tests may have been administered incorrectly or required observation periods may not have been completed.
Every case is different. This is why you want a careful review of the evidence by an experienced DUI defense lawyer.
What Happens After the Hearing?
Once the hearing has ended, the examiner will issue a decision. If the suspension is upheld, the loss of driving privileges remains in effect. Sometimes, the examiner may modify the suspension or rescind it.
If you receive an unfavorable decision, you may have additional appeal options depending on the facts of the case.
You Can Fight a License Suspension
A Wyoming DUI contested case hearing is your chance to challenge a license suspension. Losing your license can affect your job, your family, and your ability to handle everyday responsibilities. Preparing for the hearing can help you work towards a better outcome for your case.
At Just Criminal Law, we know that these hearings can be stressful. We help Wyoming drivers evaluate their options, challenge license suspensions, and protect their rights throughout the DUI process. If you have received a suspension notice, reach out today to schedule a consultation.
Frequently Asked Questions
How long do I have to request a contested case hearing in Wyoming?
Most drivers have 20 days from the date of the suspension notice to request a contested case hearing. Unfortunately, if you miss this deadline, that may result in an automatic license suspension.
Will I lose my license after a DUI arrest?
That is not always the case. Wyoming drivers have the right to request a contested case hearing to challenge the suspension.
Can I drive while my contested case hearing is pending?
In many situations, drivers will receive temporary driving privileges following a DUI arrest. If a hearing request is filed on time, those driving privileges may continue while the case is pending.
