Administrative Review Hearing in Wyoming
If prosecuted for a DUI offense, you will face two separate cases: a criminal case and an administrative case. The Administrative hearing is completely separate from any criminal or civil case and has no impact on the outcome of such cases. When a police officer arrests you he will confiscate your driver’s license and issue you a “notice of suspension.” You only have twenty days from the date of the notice of suspension to request a contested case hearing to challenge your driver’s license suspension with the Wyoming Office of Administrative Hearings. If you fail to request a hearing within twenty days from the issuance of your notice of suspension, your driver’s license suspension will be upheld and you will not be granted a hearing after this date.
Keep in mind that while you have the right to counsel in a criminal hearing if you cannot afford one, you have no right to court appointed counsel in an administrative hearing. The purpose of the hearing is to determine whether your arresting officer had good reason to suspect you of driving under the influence, whether you refused a chemical test, and whether you were properly informed of the consequences for refusing the test. At the hearing an employee of the DMV will introduce the evidence against you and will make a decision based on the testimony of you and your attorney. Evidence introduced may include the police report and your test results (if you took one). Because of Wyoming’s implied consent law, if you refused a chemical test, your license will automatically be suspended for six months for your first refusal and eighteen months for each subsequent refusal. The DMV officer will ask you questions regarding your arrest. He may ask if the police officer had legal cause to arrest you, and if you were given a chemical test, if the test was conducted legally. If the hearing officer concludes that you were properly stopped and informed and you did refuse a chemical test, your license will be suspended. However, you may still appeal the decision and request another hearing.
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