I just got arrested for a State of Wyoming DWUI / DUI charge. What happens next?
ISSUE ONE:The Wyoming Implied Consent / Administrative Per Se / Refusal Suspension Proceeding: Under Wyoming law, any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in the State of Wyoming is deemed to have given consent to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol concentration or controlled substance content of his blood. This is known as Wyoming s implied consent law.
Pursuant to Wyoming s implied consent law, your Wyoming drivers license (or your right to drive in Wyoming if you re not a Wyoming licensed driver) was most likely revoked for anywhere from 90 days to 18 months for failing or refusing a chemical (breath / blood / urine) test. This typically starts on the 30th day following your arrest.
Read your paperwork carefully. If you act within 20 days, you can request a hearing from the Wyoming DOT to challenge the proposed suspension. Speak to your Wyoming DUI attorney for more information about contesting your administrative (implied consent) license suspension.
ISSUE TWO:The Wyoming DWUI / DUI Criminal Case: Separate from the administrative license proceeding is the criminal charge either for driving while under the influence. Under Wyoming law, you commit the crime of DWUI if you drive or have actual physical control of any vehicle within Wyoming and you:
have a breath / blood alcohol concentration (BAC) of 0.08 percent or more; or
you are under the influence of alcohol to a degree which renders you incapable of safely driving; or
under the influence of a controlled substance to a degree which renders you incapable of safely driving; or
under the influence of a combination of alcohol and a controlled substance to a degree which renders him incapable of safely driving.
Note: A person younger than 21 years of age shall not operate or be in actual physical control of a vehicle in the State of Wyoming with an alcohol concentration of 0.02 percent or more. This misdemeanor offense is known as unlawful operation of vehicle by youthful driver with detectable alcohol concentration.
I mportant: The implied consent / administrative license revocation proceeding and the criminal DWUI / DUI case are completely separate from one another.
Will my Wyoming driver license be suspended or revoked?
RELATED TO ISSUE ONE ABOVE: Your Wyoming driver license (or your right to drive in Wyoming if you do not have a valid Wyoming license) may be suspended in the implied consent proceeding for failing or refusing a chemical test for alcohol and / or drugs. The revocation periods are outlined in the table below:
IMPLIED CONSENT / ADMINISTRATIVE LICENSE SUSPENSION PERIOD
(FOR PERSONS 21 AND OVER)
Implied Consent Action
Again, you may challenge this proposed suspension if you make a timely hearing request.
RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your Wyoming license (or your right to drive in Wyoming if you don t have a valid license) for between 90 days and one year depending on your DUI / DWUI history.
What happens if I get caught driving while my license is suspended?
Under Wyoming law, you may not drive a motor vehicle on any public highway in the State of Wyoming at a time when your driver s license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked. Therefore, if you drive while your license is under suspension for failing or refusing a breath test or following a DWUI conviction, you commit a misdemeanor crime. Penalties include possible jail time and a fine. A second conviction for driving under suspension can result in a minimum seven day jail sentence.
I really need to drive. Will I be able to get a restricted license / hardship permit / occupational / conditional / probationary license?
You may be eligible for a probationary license. However, a probationary license can only be issued for the first DWUI. If it is your second or subsequent DWUI, within the past five years, you cannot get a probationary driver s license.
If you refused a chemical test or are suspended for a DWUI conviction, you may eligible for an ignition interlock restricted license after serving at least 45 days of your suspension. Speak to your Wyoming lawyer for more information on the IID restricted license.
What is the difference between a DUI, DWUI, DWI, OWI, OVI etc.
These terms are all acronyms that refer to the crime commonly known as drunk driving. Different states have different names for the crime based on how their statutes are phrased. For example, in Colorado . the terms DUI (driving under the influence) and DWAI (driving while ability impaired) are used. In Michigan . OWI (operating while intoxicated) is commonly used. The State of Missouri uses DWI (driving while intoxicated).
Wyoming s statute refers to, d riving or having control of vehicle w hile u nder i nfluence of intoxicating liquor or controlled substances so the terms DWUI as well as DUI are most commonly used here.
Is a DWUI offense in Wyoming a misdemeanor or felony charge?
In Wyoming, a first or second or third DUI / DWUI conviction is a misdemeanor crime. A fourth or greater offense within the past five years is a felony charge.
What type of penalties might I face if I am convicted of an Wyoming DUI charge?
Upon conviction of an Wyoming drunk driving charge, a defendant can receive a variety of penalties including a substance abuse assessment and treatment. A range of penalties is set forth below:
WYOMING DWUI / DUI PENALTY CHART