Facing a second DUI charge can be frightening. In Wyoming, a second DUI offense carries harsh administrative and criminal penalties. However, hiring an experienced criminal attorney will offer you the best outcome for your situation.
In Wyoming, the Department of Driver Services issues all administrative penalties for DUI offenses. The Department of Driver Services issues a per se drivers license suspension after a driver is arrested for a DUI, with a blood alcohol content over the limit of .07. In Wyoming, the look back period is five years. Therefore, a second DUI in Wyoming within five years will result in a suspension of 1 year. Second time offenders are not eligible to receive a probationary license. In addition, the driver’s license suspension stays in effect even if a court later dismisses the DUI charge.
If a driver is convicted of a second DUI in Wyoming in five years, the driver faces a fine between $250 and $750, and a minimum sentence of 7 days in jail. However, the judge has the discretion to sentence the driver to up to 6 months in prison. In addition, the offender must attend a state approved substance abuse program and undergo a substance abuse analysis. To have a drivers license reinstated following the one-year suspension, a driver must install an ignition interlock device in the vehicle. The driver must pay to have the device installed and the maintenance of the device.
Felony vs. Misdemeanor
A second offense DUI in Wyoming is a misdemeanor offense. A fourth DUI in Wyoming within five years is a felony. In addition, if the driver has a prior DUI associated child endangerment charge, any subsequent DUI related child endangerment charge will make the DUI a felony in Wyoming.
A defendant charged with a second DUI in Wyoming has the plea option to plead guilty or not guilty. A defendant may decide to plead guilty if she does not wish to fight the charge or there is a large amount of irrefutable evidence. In contrast, a defendant may plead not guilty if she has a viable defense such as a constitutional violation. However, unlike other states, Wyoming does not allow plea-bargaining. Wyoming has an anti-plea bargaining law that restricts a prosecutor from reducing or dismissing a DUI charge without filing a motion with supporting facts in open court indicating that there is insufficient evidence to proceed on the DUI offense.
Getting Legal Help
If you are charged with your second DUI in Wyoming, talk to an experienced criminal attorney. A criminal attorney can explain the legal consequences to you and help you decide how to proceed.