Law Offices of Jerry Bosch, LLC

DUI

Wyoming DUI.  We handle DUI cases throughout Wyoming, including Teton, Sublette, Sweetwater and Park counties. Any DUI charge in Wyoming involves two separate aspects - the criminal and driver's license suspension. Even if you are not a Wyoming licensed driver, a Wyoming DUI charge will most likely impact your driving privilege in your home state. If you fail to challenge your suspension within the time period allowed, you may lose you driving privileges without recourse.

 

Criminal Aspect of Wyoming DUI. Driving while under the influence (DUI or DWUI) is an offense under Wyoming law if a driver is over the legal limit of .08 BAC or is under the influence of drugs or alcohol that renders the driver incapable of safely driving a vehicle. Either section carries increasing penalties for each subsequent offense over a ten year period. In Wyoming DUI penalties may include jail time, fines, probation, drug and alcohol treatment, and any combination these. In Jackson Hole, Teton County, Wyoming there are over 400 DUI arrests a year.

 

An officer must have a reason to stop you. He must also have “probable cause” to arrest you for DUI in Wyoming. If he doesn't have an objective factual basis to stop you then your rights were violated. Also, if he does not have probable cause to arrest you then your rights were violated. Probable cause to arrest you for a DUI in Wyoming is often established by the officer asking you to submit to the Standardized Filed Sobriety Tests (SFSTs). These "tests" were developed by the government and never subjected to peer review. They were designed to provide officers with an easy way to determine if a person's BAC was over the legal limit. The tests, however, were never designed to see the inside of a courtroom. Yet, that is often what happens.  Your performance on the SFSTs is critical to the officer's decision to arrest you for a DUI in Wyoming. You are not required to take these tests. And, if you decide to take them you should make sure you understand that a “failure” will end up in your arrest.

 

Also, an officer will often times ask you to take a portable breath test (PBT). These devices are not reliable and not admissible in a courtroom to prove a specific BAC, but they are admissible to show presence of alcohol. So be very suspicious when an officer tells you the PBT is not admissible. Also, officers will tell you that you cannot refuse a breath test. This is not true. You may refuse, but the officer has the right in Wyoming to secure a search warrant to require you to submit to a blood or urine test. If he obtains a warrant you still may refuse - we have yet to hear of an officer taking blood or urine by force. If you refuse to respond to a warrant, however, you may be charged with other offenses. If you know you are above the legal limit you should not drive.  But if you find yourself in this position you do have rights.

 

Know your rights. We have the experience and knowledge to help you understand your rights and protect them.

 

License Suspension for Wyoming DUI. 45 states belong to the Interstate Driver’s License Compact, which is an agreement among states to share information regarding certain types of convictions, including DUI. If your home state is one of these states you may lose your privileges for a suspension of driving privileges here in Wyoming because of DUI. You usually have only 20 days from the date of your arrest to challenge the suspension – time is critical. Whether your state takes action depends on their rules and regulations. Through our membership in the National College of DUI Defense lawyers, we can assist you in getting answers to these questions. But the best way to avoid this issue is to hire someone to fight the suspension in Wyoming.

 

Suspension hearings are civil in nature and the rules of procedure are not applicable. The issues are the same – did the officer have a reason to stop you and did he have probable cause to arrest you. If you are stopped and arrested for a DUI in Wyoming it is critical that you do not wait to challenge the suspension – otherwise your right to do so may be lost forever.

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