Gillette DUI with Injury Defense Attorney
Driving under the influence is a serious crime in Wyoming, especially if it results in the injury or death of another. You will face severe penalties that often include prison time and fines, plus the costs associated with a lawsuit filed by a victim or family – completely turning your life upside down. However, the good news is that effective defense strategies DO exist. No matter what the police tell you after an arrest, there is a good chance that a knowledgeable criminal defense attorney can employ a strategy that could lead to a reduced charge, dismissed charges, an acquittal, or reduced penalties.
Driving under the influence (DUI) in the state of Wyoming is defined as driving (or physically controlling any vehicle) while under the influence of alcohol or any other controlled substance to a degree that renders you incapable of safe driving – including legally prescribed medications.
Regarding alcohol, a BAC (blood alcohol content) of .08 at the time of driving or within two hours of leaving the vehicle indicates DUI, and .05 BAC may be used in conjunction with other evidence to support the prosecutor’s case that you were driving while impaired. Commercial drivers can be considered DUI with a BAC of only .04. Any drug that alters your ability to think, makes you drowsy, or could in any way impair your ability to drive safely lead to facing charges of DUI.
DUI can be charged as a misdemeanor or felony depending on the severity of the crime, any personal injury, or property damage associated with an accident. In an accident that causes severe bodily injury or death, DUI is usually charged as a felony and carries very heavy penalties in a conviction.
The penalties for DUI are increased if the accused has a prior DUI conviction. In a DUI that results in severe bodily harm or death, serious penalties can be imposed, even on a first offense. DUI penalties in Wyoming include:
- First Offense: Up to six months in jail, a fine of up to $750, and a 90-day suspension of license. If your BAC is .15% or over, you may also face six months with an ignition interlock device.
- Second Offense: Between one and thirty-two weeks in jail, a fine of between $200 and $750, a one-year suspension of your license, and an ignition interlock device installed for one year.
- Third Offense: One to six months in jail, a fine of between $750-$3,000, a three-year suspension of your license, and an ignition interlock device installed for three years.
- DUI that results in serious bodily injury or death: Between $2,000 - $5,000 in fines, a three-year license revocation, and up to ten years in jail. A second offense of the same kind can result in 20 years in jail.
If you’re charged with DUI that results in serious bodily injury or death, you may also be faced with a civil lawsuit filed by the injured party or the family of a person who died due to injuries. The burden in terms of finances, loss of reputation, loss of freedom, and a felony conviction, affecting your ability to get a job in the future, is hard to contemplate. It is critical that your rights are protected by a skilled criminal defense attorney as early as possible. If you have been arrested, exercise your constitutional right to remain silent, and contact a lawyer.
A DUI defense will hinge on proving you did not commit the crime as charged, and may involve any of the following strategies:
- Faulty breath testing
- Breath tests can show a false positive in cases where you have alcohol-soaked food in your teeth, you burped, or you suffer from acid reflux or GERD (an intestinal disease)
- If you received a blood test, it may not have been administered correctly, or had a faulty chain of custody
- It can be proven you were not driving the vehicle
- Radio interference affecting the DUI testing device
- Police misconduct
These defenses or others could be employed in defending a case in which it is alleged that you were driving drunk and caused an accident.
A highly skilled criminal defense attorney can help you navigate through the criminal justice system, and fight back by presenting a compelling, persuasive defense. With an attorney, you may have a good chance of acquittal, a reduced charge, or a reduced sentence.
Our award-winning Gillette criminal defense lawyers at Steven Titus & Associates, P.C., have an unparalleled work ethic and an impressive win-loss ratio in court. With our team’s resources and years of experience defending the rights of our clients, you can be confident that we will treat you and your case with the utmost respect, care, and professionalism to get the best results. Contact us today at (370) 257-7800 to schedule a free case strategy session.
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