WYOMING DUI DEFENSE ATTORNEY
Charged With a DUI in Wyoming? Do Not Plead Guilty Without Talking to a Lawyer.
A DUI charge in Wyoming is not a traffic ticket. Even a first offense carries up to six months in jail, a 90-day license suspension, and a permanent criminal record. If you have a prior conviction within the last ten years, the penalties escalate fast, including mandatory jail time, ignition interlock devices, and potential felony charges.
Too many people assume a DUI is straightforward and that fighting it is not worth the effort. That is a mistake. The traffic stop, the field sobriety tests, the breath or blood draw, and the way law enforcement handled every step of the process are all subject to challenge. An experienced DUI defense attorney knows where to look for problems that can change the outcome of your case.
At Rogers & Garvie, criminal defense attorney Thomas Garvie has defended hundreds of criminal cases in Wyoming courts, including DUI charges at every level. He spent years as a Wyoming Public Defender before co-founding this firm. He knows the process, he knows the prosecutors, and he knows how to fight these charges effectively.
Free, confidential consultation.
Wyoming DUI Penalties: What You Are Facing
Wyoming law prohibits driving or being in actual physical control of a motor vehicle with a BAC of 0.08% or greater, or while impaired by alcohol, controlled substances, or any combination of the two. Wyo. Stat. 31-5-233. Penalties are based on how many prior DUI convictions you have within the past ten years.
First Offense DUI
A first DUI within ten years is a misdemeanor under Wyoming law. There is no mandatory minimum jail sentence, but the maximum is six months. Fines can reach $750 plus court costs. Your license will be suspended for 90 days, and if your BAC was 0.15% or higher, the court will require installation of an ignition interlock device (IID) for six months. You will also be required to complete a substance abuse assessment before sentencing, and the court may order treatment or participation in Wyoming’s 24/7 sobriety monitoring program.
Do not make the mistake of thinking a first offense is minor. A DUI conviction creates a permanent criminal record, increases your insurance rates for years, and starts the ten-year clock for enhanced penalties if you are ever charged again.
Second Offense DUI (Within 10 Years)
A second DUI conviction within ten years is still a misdemeanor but carries a mandatory minimum of seven days in jail, with a maximum of six months. Fines range from $200 to $750. Your license will be suspended for one year, and an IID is required for one year regardless of your BAC. If the second offense occurs within two years of the first, your vehicle registration will also be suspended. The court will order completion of a state-approved substance abuse program.
Third Offense DUI (Within 10 Years)
A third DUI within ten years remains a misdemeanor but carries one to six months in jail, fines of $750 to $3,000, a three-year license suspension, and a two-year IID requirement. At this point, the court may order inpatient treatment, which can reduce the jail sentence.
Fourth and Subsequent DUI (Felony)
A fourth or subsequent DUI conviction within ten years is a felony. You are facing up to seven years in prison, fines up to $10,000, and an IID requirement that can last from five years to life. The license suspension period will be determined by the court based on the facts of your case. A felony conviction carries consequences that extend far beyond the sentence itself, including permanent loss of firearm rights, difficulty finding employment, and barriers to housing.
Aggravating Factors
Certain circumstances increase DUI penalties significantly. If you had a passenger younger than 16 in the vehicle, the maximum jail sentence for a first offense increases to one year. A second DUI with a child passenger can carry up to five years in prison. If the DUI caused serious bodily injury, you face a minimum fine of $2,000 and up to ten years in prison, increasing to twenty years for a second serious-injury DUI.
How We Defend DUI Charges in Wyoming
Every DUI case has potential weaknesses. The question is whether anyone looks for them. At Rogers & Garvie, we examine every stage of the stop, arrest, and testing process because each stage presents opportunities to challenge the prosecution’s case.
Challenging the Traffic Stop
Law enforcement needs reasonable suspicion to pull you over. If the officer did not have a legally sufficient reason for the stop, everything that followed, including the field sobriety tests and the chemical test results, may be subject to a motion to suppress. We review dashcam and bodycam footage, the officer’s report, and the stated basis for the stop to determine whether your Fourth Amendment rights were respected.
Challenging Field Sobriety Tests
Standardized field sobriety tests (the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test) are not as reliable as prosecutors want juries to believe. These tests are affected by road conditions, weather, footwear, medical conditions, fatigue, and nervousness. Officers frequently administer them incorrectly or score them inconsistently. In Wyoming, you have the right to refuse field sobriety tests without penalty. If you did perform them, we scrutinize how they were administered and whether the results are actually reliable.
Challenging Breath and Blood Tests
A BAC reading of 0.08% or higher is not the end of the conversation. Breathalyzer devices must be properly calibrated and maintained. The officer must follow specific protocols during the testing process. Blood draws must be conducted properly and the chain of custody must be maintained. We review calibration records, maintenance logs, and testing procedures to determine whether the results are accurate and admissible. Even small errors in the testing process can create grounds to suppress or challenge the results.
Actual Physical Control
Wyoming’s DUI statute does not require that you were driving. Being in “actual physical control” of a vehicle is enough for a conviction. This means people have been charged with DUI while sitting in a parked car with the engine off. But “actual physical control” is a fact-specific determination, and there are defenses available depending on the circumstances, including where the keys were, whether the vehicle was operable, and whether you had any intent to drive.
Rising BAC Defense
Alcohol absorption is not instantaneous. Your BAC may have been below 0.08% while you were actually driving but risen above that threshold by the time the chemical test was administered. This “rising BAC” defense can be effective depending on the timeline between driving and testing.
DUI License Suspension in Wyoming: What You Need to Know
A DUI in Wyoming can trigger two separate suspension processes. The administrative suspension is handled by the Wyoming Department of Transportation based on your chemical test results. The criminal suspension is imposed by the court as part of your sentence. The two suspensions can run concurrently, meaning they can overlap rather than stack.
If you submit to a chemical test and produce a BAC of 0.08% or higher, the arresting officer may seize your license and issue a temporary 30-day driving permit. After that, your license might be suspended for 90 days for a first offense, one year for a second within 10 years, and three years for a third within 10 years.
Depending on the circumstances, you may be eligible for a probationary license that allows you to drive to work, school, or treatment during your suspension period. Navigating the administrative suspension process correctly is important because mistakes can extend the period you are without a license.
Underage DUI in Wyoming
Wyoming has a zero-tolerance law for drivers under 21. If you are under 21 and your BAC is 0.02% or higher, you can be charged under Wyo. Stat. 31-5-234. A first underage DUI carries a fine of up to $750 and a likely 90-day license suspension. A second offense within two years can result in up to 30 days in jail, a six-month license suspension, and a one-year IID requirement.
Laramie is a college town. We regularly see underage DUI charges arising from routine traffic stops, checkpoints, and calls about erratic driving near campus. If you are a University of Wyoming student facing a DUI, the consequences extend beyond the criminal case. A conviction can affect your financial aid eligibility, your ability to participate in certain programs, and your future employment prospects. Getting legal counsel early can make a meaningful difference in how the case resolves.
Why Choose Rogers & Garvie for Your Wyoming DUI Defense
Former Public Defender with Hundreds of Cases
Thomas Garvie built his career defending criminal cases in Wyoming courtrooms. He knows how prosecutors build DUI cases because he has defended against them from every angle.
We Challenge Every Element
We do not accept the prosecution’s case at face value. We review the stop, the field sobriety tests, the chemical test procedures, and the officer’s conduct. If there is a weakness, we find it.
We Know Wyoming Courts
We appear regularly in Albany County, Laramie County, Natrona County, and courts across Wyoming. We know how local prosecutors handle DUI cases and what judges expect. That knowledge informs our strategy from day one.
Flat Fee Pricing
Our DUI defense fees are flat, not hourly. You know the cost of representation before you sign anything. We can explore retainers if needed depending on your circumstances.
Direct Attorney Access
You work directly with your attorney. We keep our caseload manageable so every client gets the attention their case requires.
Frequently Asked Questions About DUI Charges in Wyoming
Should I plead guilty to a first-offense DUI in Wyoming?
Not without talking to an attorney first. Many first-offense DUI cases have viable defenses, and even where a conviction is likely, an attorney can often negotiate a better outcome than what the prosecution initially offers. A guilty plea creates a permanent criminal record and starts the ten-year enhancement clock. Once you plead, you cannot undo it.
Can I refuse a breathalyzer in Wyoming?
Wyoming is unusual in that there are no administrative penalties for refusing a chemical test. However, refusal does not prevent the officer from obtaining a warrant for a blood draw. Your refusal might also be introduced as evidence at trial. Whether to refuse is a situational decision, and there is no one-size-fits-all answer.
Will I lose my license after a DUI arrest?
If you take a chemical test and your BAC is 0.08% or higher, the officer will likely seize your license and issue a temporary 30-day permit. After that, your license will be suspended, typically 90 days for a first offense. Depending on the circumstances, you may be eligible for a probationary license during the suspension period.
What is an ignition interlock device?
An IID is a breathalyzer wired into your vehicle’s ignition. The vehicle will not start until you blow a clean sample, and it requires periodic retesting while you drive. For a first offense, an IID is typically required only if your BAC was 0.15% or higher. For second and subsequent offenses, an IID is likely mandatory regardless of BAC. The duration ranges from six months to life depending on the number of convictions.
Can a DUI be expunged in Wyoming?
Misdemeanor DUI convictions may be eligible for expungement under Wyo. Stat. 7-13-1401, typically after at least five years from the date of conviction and completion of all sentencing requirements. A first felony DUI conviction can be expunged depending on your criminal record, but subsequent offenses likely are on your record permanently. Whether expungement is available depends on the specific facts and your criminal history.
How much does a DUI attorney in Wyoming cost?
Our fees are flat, meaning you know the total cost before signing the engagement agreement. The fee depends on the nature and complexity of the charges, the court, and whether trial is anticipated. We discuss fees transparently during your free initial consultation.
I was not driving. Can I still be convicted of DUI in Wyoming?
Yes. Wyoming’s DUI law covers “actual physical control” of a vehicle, not just driving. Courts have upheld DUI convictions for people sitting in a parked vehicle with the keys accessible. However, actual physical control is a fact-specific defense, and the circumstances matter. If you were not driving, there may be strong arguments in your favor.
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Facing a DUI Charge in Wyoming? Call Today.
The sooner you have an attorney reviewing your case, the more options you have. We evaluate the stop, the testing, and the evidence, and we fight for the best possible outcome. Call Rogers & Garvie for a free, confidential consultation.
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