DUI Defense | Blogs by Steven Titus & Associates, P.C.
Halloween is Fun, But DUIs and Arrests Are Definitely Not: Why You Need a Gillette Criminal Defense Attorney
Halloween is a time for fun, but it’s not uncommon for revelers to find themselves facing DUI charges or other related arrests during this season. In Gillette, Wyoming, the increased rates of drinking and driving can lead to unintended legal troubles this time of the year.
The Signs of Impaired Driving That Police Look For
Driving under the influence (DUI) charges come with many consequences and can significantly impact the lives of the accused. DUI convictions can lead to legal trouble, tarnish one’s reputation, affect employment opportunities, and increase insurance premiums. Understanding the consequences of DUI charges can help promote public safety and help individuals avoid being caught in the criminal justice system.
Navigating a Car Impoundment Following a DUI Arrest
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 Campbell County, the vehicle you are driving could be impounded.
What If I Had a Child in the Car During a DWUI?
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.
The Accident Wasn’t Your Fault: Can You Get a DUI Charge?
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.
How Could a DUI Impact Your Career?
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.
Appealing a Driver’s License Suspension in Wyoming
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.
What Is Wyoming’s DUI “Washout Period?”
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.
Do You Have to Take a Field Sobriety Test in Wyoming?
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.
Challenging a DUI Breath Test in Wyoming
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.
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