Gillette DUI Defense Lawyers

Arrested for Drunk Driving in Gillette?

Just about anyone would start to panic if they saw a police car with flashing lights behind them, signaling them to pull over. Having a police officer question you and accuse you of driving under the influence is scary, and seemingly innocent situations can quickly escalate. The stress of the situation may have caused you to perform poorly on a DUI test or raised the officer’s suspensions. Either way, you should not accept these charges without contacting a defense attorney first.

Whether you have been accused of driving under the influence of alcohol or drugs, you deserve a strong defense and should immediately contact Steven Titus & Associates, P.C. Our legal team can explain your rights and the charges against you in a free case evaluation. With the aid of our skilled Gillette defense lawyer, you may be able to avoid prison time and have your license returned to you. Do not wait. Call Steven Titus & Associates, P.C., at (307) 257-7800.

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Defining DUI in Wyoming

A person can be charged with a DUI in Wyoming if he or she is found to have a blood alcohol concentration level of 0.08% or more, or if he or she is displaying signs of intoxication. The level of alcohol in the blood can be tested during a number of chemical sobriety tests. Under Wyoming’s implied consent laws, all drivers with licenses have “given consent” any time they get behind the wheel to take these tests. If you refuse a chemical test, such as a breathalyzer, then the police can request a warrant to take your blood. However, you do not have to take field sobriety tests, so politely refuse to take them.

In Wyoming, even those who are not driving but have control of the vehicle can be charged with driving under the influence. This often happens when someone realizes he’s had too much to drink and go to his car to sleep it off. An arresting officer could argue that he could wake up and drive while still intoxicated, which is why these offenses are treated as DUI.

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DUI Cases We Represent

When you are facing any type of DUI or drugged driving offense in Campbell County, you need to choose an attorney who has experience in this field of law.

We represent a wide range of DUI cases, including:

• First DUI
• Second DUI
• Multiple DUI
• Controlled substance DUI
• Underage DUI
• Commercial DUI
• Felony DUI
• DUI with injury
• DUI manslaughter
• DUI with child endangerment

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What If It’s My First Offense?

There is a good chance that if this is your first DUI conviction, you will not be sentenced to jail time, or even have it added to your criminal record.

This is because Wyoming has a one-time program known as “probation before sentencing.” Those who have been convicted of a first-offense misdemeanor DUI may not be sentenced. Instead, the individual will be placed on probation for at least twelve months, according to Wyoming Statute § 7-13-301. During this time, they will be required to participate in an alcohol treatment program. Once that program has been completed, the conviction may be removed from the offender’s record. You can take part in this program only one time and with the State’s approval.

A Campbell County court will also require you to:

• Report to the court not less than twice each year at times and places fixed in the order;
• Obey the law and avoid being charged with any other crimes;
• Not leave the state without the consent of the court; and
• Follow any other orders from the court.

In rare cases, the court does have the right to refuse to allow a defendant to enter this program. In these instances, someone accused of a DUI can be required to:

• Serve up to six months in a county jail
• Pay a fine of up to $750.00
• Lose his or her license for up to 90 days
• Install an ignition interlock device on his or her vehicle for up to six months, if the BAC was at or over 0.15%
• Be enrolled in an alcohol treatment program

In addition, if there was a child (16 or younger) in your vehicle at the time of your arrest, you could be punished with:

• Up to one year in a county jail
• A fine of up to $750.00
• A 90-day license suspension
• Ignition interlock device requirements for up to six months
• Admission into an alcohol treatment program

The consequences of being charged with a DUI are extremely serious. Not only could you serve jail time and face serious restrictions, but you may also damage your reputation and have a conviction on your record. This means that if you are ever charged with a DUI again, you face harsher penalties. Contacting an attorney may be your best option to protect your future.

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License Suspension

Those arrested for a DUI in Wyoming have their licenses suspended automatically, usually at the time of arrest. However, the arresting officer should provide you with a temporary 20-day license in order to attend court appearances, work, and other tasks before the full suspension goes into place. License suspensions for first offenders are typically for 90 days. From the time you are arrested, you have only 20 days to schedule a hearing with the Wyoming Department of Transportation (WYDOT) to challenge your license being suspended.

However, if you have not been charged with a DUI within the past five years, you may be able to apply for a probationary license. A probationary license will allow you to drive under certain circumstances, such as to work or to fulfill custody requirements. In order to be eligible for a probationary license, you must:

• Submit a written request to WYDOT
• Pay a $15 filing fee (and a $50 issuance fee if accepted)
• Complete an eight-hour DUI class
• Complete an alcohol assessment with a counselor

WYDOT can deny you a probationary license if:

• Your license is expired
• You were issued a probationary license within the past five years
• You are under suspension in Wyoming or another state
• You are required to have an ignition interlock device

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What if I Have a Prior DUI?

The penalties for a DUI in Wyoming can become harsher if you have been charged in the past. For one, having a DUI on your record can limit your ability to receive probation instead of serving jail time or to request a probationary license.

If this is your second offense and you were convicted of a DUI within the past 10 years, you can face:

• Between seven days and one year in a county jail
• Between $200 and $750 in fines
• A one-year license suspension
• Ignition interlock device requirements for up to one year
• Admission into an alcohol treatment program

If this is the third offense and you were convicted of a DUI within the past 10 years, you can face:

• Between 30 days and one year in a county jail
• Between $750 and $3,000 in fines
• A three-year license revocation
• Ignition interlock device requirement for up to two years
• Admission into an alcohol treatment program

First, second, and third DUIs in a 10-year period are all misdemeanors so long as no one was injured in an accident. However, if you are charged with a fourth DUI, it can be charged as a felony. Felony DUI penalties can include:

• Between two to seven years in state prison
• A fine of up to $10,000
• A lifelong Ignition interlock device requirement
• Admission into an alcohol treatment program

You will also lose your right to own a firearm, the right to vote, and the right to work for a government agency.

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Punishments for Commercial Drivers

Commercial driving can range from operating a semi-truck to working for a rideshare company. Unlike regular drivers, commercial drivers can be charged with a DUI for having a BAC of 0.04% or higher.

Commercial drivers also face harsher penalties than regular drivers for a DUI conviction. If convicted of one or more DUIs, you could lose your commercial driving license (CDL) for a year or a lifetime, lose your job, and be barred from driving commercially ever again. You can also lose your CDL if you were charged with a DUI while driving your own vehicle.

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Defending Against Gillette DUI Charges

Even a single DUI can have serious consequences, but you should not give up hope. At Steven Titus & Associates, P.C., we have years of experience representing clients charged with DUIs around Campbell County -- we can build a strong defense on your behalf. DUIs are often overcharged against drivers who swerved slightly on a winding road or by officers who do not know how to perform a DUI test. If there is any doubt that you were intoxicated, we can show it in a courtroom to keep you out of jail.

Common defenses we can use in your case include:

• Arguing that the arresting officer performed an illegal stop
• Demonstrating that you were not intoxicated at the time of your arrest
• Explaining that you only showed the objective signs of intoxication
• Showing that the arresting officer committed misconduct

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Why Hire Our Gillette DUI Attorney?

A single DUI can seriously impact your future, especially if you are an underage driver or drive commercially. Unfortunately, these charges are often unjustified, resulting in innocent people being harshly punished. Speaking to an experienced Campbell County DUI lawyer may be your only option to avoid a conviction.

There is a short timeframe for us to build a defense on your behalf and to protect your right to drive. You only have 20 days to attend a DUI hearing with WYDOT, which is why you should contact our office as soon as possible to begin fighting your charges. In addition to WYDOT penalties, we can represent you in a criminal court to have your DUI penalties reduced or the charges dropped altogether. If you or someone you love has been charged with a DUI, call Steven Titus & Associates, P.C., at (307) 257-7800 to speak to an experienced Gillette drunk driving defense lawyer.

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To make an appointment for a free initial consultation, call us now at (307) 257-7800.

Case Results

• State of Wyoming v. M.M.—2018
  Felony DUI, DISMISSED
• State of Wyoming v. J.E—2016
  DUI charge, DISMISSED
• State of Wyoming v. J.R.—2015
  DUI charge, DISMISSED

Past Results: Disclaimer
Initials of the Defendant may be changed to hide the identity of the individual whose case is described on the page. The case results are factually accurate. These case results were obtained by Mr. Titus throughout the course of his professional career, including past experience at a previous law firm. However, every case is different, and past results by no means guarantee future success.

Additional Information

• Navigating a Car Impoundment Following a DUI Arrest
• What If I Had a Child in the Car During a DWUI?
• The Accident Wasn’t Your Fault: Can You Get a DUI Charge?
• What Is Wyoming’s DUI “Washout Period?”
• Court Supervised Treatment Program - Wyoming Department of Health