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DUI Frequently Asked Questions in Wyoming

How does Underage DUI differ from regular DUI in Wyoming?

In Wyoming, if you are under twenty-one and are stopped by a police officer and found to have been drinking with a blood-alcohol concentration of 0.02% or greater, your license will be suspended for ninety days. A second offense will result in your license being suspended for up to six months if your second violation occurs within one year of your first offense. You will be able to get a restricted license as long as you have not been issued one within the past five years and this is your first DUI offense. Further, if you are under twenty-one and have a BAC level of 0.08% or higher, you will face the same fines and penalties as someone who is twenty-one or over. You will also be required to have SR22 proof of financial responsibility insurance before the department of licensing will reinstate your license.

Prescription Drugs and DUI in Wyoming:

Driving under the influence does not only relate to alcohol but drugs as well. Statute § 31-5-233 prohibits driving under the influence of a controlled substance, which includes prescription drugs. The statute states that no person shall drive or have actual physical control of any vehicle if the person is under the influence of a controlled substance to a degree that renders him incapable of driving safely. Further § 31-5-233 states that the fact that any person charged with a DUI is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under this section.

Unlike alcohol or other illegal drugs, there is no minimum or maximum threshold of prescription drug use one must consume in order to be convicted of a DUI. This means that you can be convicted of a DUI for having even the slightest amount of prescription drugs in your system. The penalties for driving under the influence of drugs are the same for driving under the influence of alcohol depending on the type of offense.

Can I be stopped and arrested for DWI even if the vehicle was not moving?

Yes, in Wyoming the prosecution need not show that the offender was actually driving the car at the time of the DUI arrest. Being in “physical control” of the vehicle could simply mean sitting in the car while parked. It is enough that you became impaired and subsequently placed yourself in a position to put the vehicle in motion.

Do I have the right to talk to an attorney before I give a sample?

No, as a matter of law, you have no right to consult with an attorney before taking a chemical test of your blood, breath or urine.

Do I have to give a blood or urine sample?

You are required to submit to a chemical test if you are involved in an accident and alcohol and/or drugs are thought to be the cause and serious bodily injury or death occurs. However, even if serious bodily injury or death did not occur, given the new DUI law, which takes effect, July 1, 2011, if you refuse a chemical test, the police officer may apply for a search warrant and if the warrant is granted compel you to submit to a chemical test.

Do I have to submit to a field sobriety test?

No, you do not have to submit to a field sobriety test. You may politely refuse an officer’s request.

What are Wyoming’s SR22 requirements?

Before the Wyoming Driver Services will reinstate your license, you must file an SR22 form before they will issue you a new license. Further, you will be required to drive with your SR22 insurance for three years. During this three-year period if there is a lapse in your SR22 insurance coverage, your insurance provider is required to immediately inform the Wyoming Driver Services of the lapse. Further, if a lapse does occur, the Wyoming Driver Services will immediately suspend your license and you must re-file an SR22 form before your license may be reinstated.

What is the penalty for selling or providing alcohol to minors under the age of twenty-one?
In Wyoming this is a crime punishable of up to six months in prison and a fine of up to $750.

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