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What If I Had a Child in the Car During a DWUI?

By stladmin on April 10, 2023

Cute little boy sitting in the car seat in the car. Summer time.

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.

What Is a DWUI?

DWUI includes operating a motor vehicle under the influence of drugs, alcohol, or both. A blood alcohol content (BAC) of .08 percent or higher when you get pulled over or within two hours of leaving the vehicle is considered proof of a DWUI in Wyoming.

A BAC of .05 percent may be used in conjunction with other evidence to convict you of driving while impaired. The officer will look for signs of intoxication when they pull you over and record this information in the police report. Symptoms of intoxication include slurred speech, red eyes, difficulty standing or walking straight, lack of coordination, and acting fatigued.

When it comes to driving under the influence of drugs, Wyoming is a zero-tolerance state. Any trace of drugs in your bloodstream can be used to convict you of a DWUI. And the presence of drugs in your car or other evidence of drug use such as paraphernalia or empty pill bottles may be used against you in court.

A Wyoming DWUI can mean being impaired by any controlled substance that’s listed in one of the five federal drug Schedules according to the Controlled Substances Act. This even includes over-the-counter drugs such as cough medicine.

You could be charged with a DWUI in Wyoming for having any of the following substances in your system:

  • Heroin
  • LSD
  • Marijuana
  • Ecstasy
  • Fentanyl
  • Adderall
  • Ritalin
  • Cocaine
  • Vicodin
  • Xanax
  • Valium
  • Codeine
  • Lomotil

Penalties for DWUI with Children

The lawmakers in Wyoming don’t mess around in regard to DWUI. Jail time, a suspended driver’s license, fines, and a mandatory ignition interlock device to prevent you from driving while intoxicated are all penalties that you’ll be facing, even for a first offense.

The penalties get much steeper for a second or third offense. And if someone is harmed or killed in an accident caused by a drunk driver, the defendant could be looking at up to 20 years in jail.

District attorneys are pretty aggressive about prosecuting cases where child welfare is involved. If it’s your first DUI offense and there are children under 16 inside the car, Wyoming Law carries the following penalties:

  • Up to $750 in Fines
  • Up to 1 year in jail
  • A 90-day suspension of your license
  • Six months mandatory use of interlock ignition device

Legal Defense Against a DWUI in Wyoming

Steven Titus has extensive knowledge and years of experience working with the criminal justice system in Wyoming. Our team knows how to get you the best possible outcome, which often includes getting the defendant’s charges dropped altogether.

We’ll find the right strategy to win your case. Successful defenses include:

  • There was no one under 16 in the car when you were pulled over.
  • The police didn’t have probable cause to pull you over.
  • Your breathalyzer test is unreliable.
  • Your rights were violated during the arrest.
  • The police mishandled evidence against you.

Fighting for Your Freedom

At Steven Titus & Associates, P.C., we’re available for our clients by phone any time, 24/7.  We’ll investigate what happened, listen to everything you have to say, and fight tooth and nail to keep you out of jail.

Call (307) 257-7800 to learn more today.

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