DUI Defense | Blogs by Steven Titus & Associates, P.C.
Police only need probable cause to make a traffic stop. It could be a driving maneuver that may indicate intoxication, a traffic violation, or even a defect in the vehicle’s safety equipment. If you are stopped and arrested for DUI in Wyoming, the vehicle you are driving could be impounded.
Wyoming has some of the most stringent driving while under the influence (DWUI) laws in the nation. And if there were children under 16 in the car when you got arrested for driving under the influence of drugs or alcohol, you could spend up to a year in jail.
If you have a previous conviction for child endangerment, then you could get up to 5 years in jail for a second offense. There are additional penalties for DWUI with a child in the car, and it can also impact your child custody rights.
Suppose you were driving home after having a few drinks with friends when another driver ran a stop sign, causing a collision with your vehicle. You were driving within the speed limit, obeying all the traffic laws, and clearly not at fault for the accident. When the police arrive to investigate the crash, can you still be arrested? The answer is yes. If your blood alcohol concentration (BAC) is .08% or higher, you can be arrested for DUI.
In recent years, penalties for DUI have become stiffer across the nation. If you are convicted, you could be facing jail time, fines, and other criminal penalties, plus suspension of your driver’s license. In addition to these civil and criminal punishments, a DUI on your record could significantly impact your future employment opportunities, and even your current job.
Following a DUI arrest, you only have 20 days to request a hearing to prevent the suspension of your license. Even if your case is dismissed, you still need to attend an administrative hearing to retain your driving privileges.
A DUI conviction will result in a driver’s license suspension of at least 90 days. Following a suspension, a driver must attend an administrative hearing to get their license reinstated.
A washout period, also known as a “lookback period,” is the amount of time after a previous conviction that a later charge can be modified by. In Wyoming, the washout period for drunk driving is 10 years. That means if you are convicted of a DUI, any previous drunk driving convictions within the last ten years will result in increased penalties.
When facing a DUI charge in Wyoming, a critical piece of evidence is how you perform on the Field Sobriety Test (FST). The test helps the police officer to determine if you are physically or mentally impaired by alcohol or drugs.
FSTs are controversial because they are not always accurate. With the help of an experienced Gillette DUI lawyer, it is sometimes possible to have your FST performance excluded at trial.
If you are charged with drunk driving in Wyoming, you are at risk of losing your right to drive. Under Wyoming’s implied consent laws, when driving a motor vehicle, you are considered to have given your consent for breath, blood, or urine testing. When drunk driving is suspected, a breath test is performed, and in some cases, blood testing.
The National Highway Traffic Safety Administration calls impaired driving a “major problem” in the state of Wyoming. In as recent as 2019, individuals charged with DUIs made up 27.78% of all arrests across the state, with an average reported blood alcohol content of 0.16%. These DUI arrests primarily affected those in the 26-30 year-old age range. The fatality rate associated with DUIs in Wyoming was “significantly higher” than the national average in 2017 as well. When you are arrested for a DUI in Wyoming, this is the backdrop of what you’re up against.
The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure by the government. In a recent Wyoming case, a Cheyenne man sued three police officers in federal court for violating his civil rights, as reported by the Gillette News Record. This civil suit was filed by Michael A. Sena after a municipal court judge ruled in his DUI case that one of these officers had lied under oath to a judge, stating that Sena had refused to take a blood test in order to obtain a search warrant. The DUI case was dismissed.
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