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When you are arrested for
a drunk driving related charge in Wyoming it
will result in two separate cases. The first
case is the criminal case in which you can
be subject to various penalties including fines,
mandatory alcohol education classes, community
service, probation and even jail time. The
second case is a civil or administrative case
with the Wyoming Department of Transportation.
The sole issue with this case is your privilege
to drive. Since these cases are separate and
independent of each other it is possible to
have the criminal charges dismissed and still
have your license suspended through the administrative
case.
With respect to the criminal case, the
prosecution has two separate theories in which
to pursue
the charges. The first theory, and the most
common, is the "per se" theory.
Under this theory, the prosecution must prove
that you were driving a vehicle with a blood-alcohol
content of .08% or higher. It makes no difference
whether your consumption of alcohol negatively
impaired your ability to safely drive. This
theory relies solely on your body chemistry.
The
second theory is the traditional common law "under the influence" theory.
Under this theory the prosecution must prove
beyond a reasonable doubt that due to your
consumption of alcohol, your mental and physical ability to drive was negatively affected so that you could not
drive with the caution of a sober driver.
The evidence typically introduced to prove
this theory can include the arresting officer's
testimony regarding your field sobriety test,
your driving pattern and physical appearance
and possibly the testimony of eyewitnesses.
As
with most states, Wyoming increases the severity
of the punishment if the offender
has one or more prior offenses. Currently,
Wyoming has a five year “lookback” period
in which to determine whether you have any
prior offenses, calculated from the date
of your most current arrest. Wyoming DUI
punishment includes fines, jail, probation,
license suspensions, community service or
work release, mandatory alcohol educational
courses and treatment, vehicle impoundment,
and installation of an ignition interlock
device.
In addition to criminal punishments,
the Department of Transportation will bring
an
administrative action against the offender
to suspend or revoke their license. This
is a separate and independent proceeding
with a different burden of proof. It’s
quite possible to have the criminal charges
dismissed and still have your license suspended.
License suspensions can last from 90 days
for a first-offense and up to 3 years for
a third-offense within 5 years.
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