Gillette DUI Defense Lawyers

Arrested for Drunk Driving in Gillette?

It’s common to feel a sense of panic if we see a police car flashing its lights behind us, signaling for us 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 cause you to perform poorly on a DUI test or raise the officer’s suspension. Regardless, you should not accept a DUI charge without contacting a defense lawyer first.

If you’re facing charges of driving under the influence of alcohol or drugs, contact Steven Titus & Associates, P.C. As a former public defender, Steven Titus knows the ins and outs of the criminal justice system in Wyoming. Our skilled Gillette defense lawyer will find the best legal strategy to avoid prison time and have your license returned to you.

Call (307) 257-7800 to schedule a FREE case evaluation right away. Also, you can get help with an alcohol addiction by contacting your local chapter of Alcoholics Anonymous (AA).

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What Is a DUI?

A person can be charged with a DUI in Wyoming if they are found to have a blood alcohol concentration (BAC) level of 0.08% or more or if they are displaying signs of intoxication.

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 goes 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 DUIs.

You don’t have to take a field sobriety test after being pulled over, so it’s best to politely refuse any field sobriety test requested by a police officer.

Wyoming’s implied consent laws play a critical role in DUI cases. By driving on Wyoming roads, you automatically consent to submit to chemical tests—such as breath, blood, or urine tests—if an officer suspects you of DUI. If you refuse a chemical test, then the police can request a warrant to take your blood, and refusal can be used against you in court as evidence of guilt. Refusing to take a chemical test after being arrested may lead to immediate penalties, including a driver’s license suspension.

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How to Conduct Yourself After Being Pulled Over

When an officer signals you to pull over, you should do so safely and promptly. Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. Be polite and cooperative—provide your license, registration, and proof of insurance when asked. Avoid making sudden movements or reaching for items without informing the officer. You are not obligated to answer potentially incriminating questions or participate in field sobriety tests, but you should decline these respectfully.

How you conduct yourself during a DUI stop can significantly influence the outcome of the encounter. Politeness can go a long way in de-escalating the situation and avoiding further complications. When asked for your documents, provide them without argument. Cooperative behavior demonstrates your willingness to comply with legal procedures and helps build a favorable impression, which could be beneficial in any subsequent legal proceedings.

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What to Know About Field Sobriety Tests, Breathalyzers, and Blood Tests

There is no benefit in taking a field sobriety test (FST); the results can be used against you, so you should politely refuse any request for an FST. The three most common types of FSTs are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. The HGN test involves the officer observing the driver’s eye movements as they follow a moving object, like a pen or flashlight, looking for involuntary jerking.

The Walk-and-Turn test requires the driver to walk heel-to-toe along a straight line, turn, and return in the same manner, demonstrating balance and coordination. The One-Leg Stand test has the driver stand on one leg while counting aloud to gauge balance and attention.

The breathalyzer test involves blowing into a handheld device that analyzes the alcohol content in your breath, providing an estimate of your BAC. This test is typically administered at the scene or a police station.

Blood tests require drawing a blood sample, which is then analyzed in a lab to determine the precise BAC. Officers may take you to a medical facility for the blood draw.

The accuracy of field sobriety and chemical tests can be influenced by various factors, potentially impacting the outcome of a DUI case. For field sobriety tests, conditions such as poor lighting, uneven surfaces, or adverse weather can affect performance. Medical conditions, fatigue, or even nervousness can also lead to false indications of impairment.

Breathalyzers may be unreliable due to improper calibration, device malfunctions, or residual alcohol in the mouth from recent consumption of food or medication. The results from blood tests may be affected by improper sample handling, contamination, or delays in analysis.

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DUI Cases Our Lawyer Can Represent

When you are facing any type of DUI or drugged driving offense in Gillette, 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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Understanding First Offenses for DUI Conviction in Gillette

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 participate in this program only once, and the state’s approval is required.

For DUIs in Gillette, 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 a lawyer may be your best option to protect your future.

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License Suspension when Arrested for a Gillette DUI

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 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. 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 Happens if You Have a Prior DUI?

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

• 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.

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Legal Process After Being Charged with a DUI in Gillette

If you are arrested for DUI, exercise your right to remain silent and don’t answer any questions without legal representation. Politely inform the officers that you wish to speak to an attorney before any further questioning. Your lawyer can guide you through the legal process and help mitigate the consequences of your arrest.

The first step after a DUI arrest is arraignment, where you will appear before a judge to hear the charges against you and enter a plea—guilty, not guilty, or no contest.

Following the arraignment, pretrial motions may be filed to challenge the evidence, request dismissals, or seek other legal remedies. Pretrial hearings will be scheduled to address these motions and any other preliminary issues. If the case proceeds, it will culminate in a trial, where evidence is presented and a verdict is reached.

Your attorney will also file pretrial motions to challenge the admissibility of evidence, such as field sobriety or chemical test results. Throughout the trial, your lawyer will represent you, cross-examining witnesses and presenting a defense strategy tailored to your unique circumstances.

The resolution of a DUI charge in Gillette can result in several possible outcomes. One potential outcome is a dismissal, where charges are dropped due to insufficient evidence, procedural errors, or successful legal challenges by your attorney. Another possibility is a reduction in charges, where a negotiated plea deal might result in lesser penalties, such as a reduced fine, community service, or attending a DUI education program instead of jail time.

If the case goes to trial, the verdict could be an acquittal, meaning you are found not guilty and face no further legal consequences. A conviction could lead to penalties such as fines, license suspension, mandatory alcohol treatment programs, and jail time. Understanding these potential outcomes helps you and your attorney plan an effective defense strategy, aiming for the most favorable resolution possible.

Negotiating plea deals is a strategic aspect of defending against DUI charges in Gillette. A plea deal involves reaching an agreement with the prosecution to reduce the severity of the charges or penalties in exchange for a guilty or no-contest plea to a lesser offense. An experienced DUI defense lawyer will evaluate the strength of the prosecution’s case and your specific circumstances to determine if a plea deal is advisable.

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Common Legal Defenses Against Gillette DUI Charges

Even a single DUI can have serious consequences, but you should not give up hope. 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 demonstrate it in a courtroom to keep you out of jail.

Common legal defenses that we may use in your case include:

• Arguing that the arresting officer performed an illegal stop
• Challenging the chain of custody and handling of evidence
• 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
• Providing alternative explanations for perceived impairment, such as a medical condition

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Hire Our Gillette Attorney to Fight Your DUI Charge

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.

Remember that there is a short timeframe for us to build a strong defense on your behalf and 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, you should speak with an experienced Gillette drunk driving defense attorney. Call Steven Titus & Associates, P.C., at (307) 257-7800 for a free consultation today.

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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