Second Offense DWUI in Wyoming

Wyoming legislature describes a DUI (driving under the influence) as a DWUI (driving while under the influence). A DWUI occurs when a person is caught operating a vehicle with an alcohol concentration above the legal limit of 0.8. To determine if a DUI has occurred, Blood alcohol content (BAC) is usually determined by a breath test, although a sample of blood or urine can also be used.

A second offence DWUI in Wyoming is a situation where an individual is convicted of a DUI for a second time within 10 years. A second DWUI is a grave offense with harsher penalties than a first offense.

Is a 2nd DWUI a Felony in Wyoming?

No, ordinarily, a second DWUI is not automatically a felony in Wyoming. However, a second DWUI becomes a felony if there is a felony offense that occurred during the DUI. For example, if a citizen is killed during a DUI incident, the driver will be charged with a felony because of the death that has occurred. In Wyoming, the fourth DUI automatically becomes a felony regardless of whether a felony has occurred.

What is the Lookback Period for a Second DWUI in Wyoming?

If someone is charged with DUI, the court will examine their driving history for the previous ten years to determine whether they have any prior DUI convictions. This is known as the "lookback period". A lookback period is a set amount of time courts use to determine if a previous DUI leads to more penalties for a new DUI charge. The lookback period for a DWUI in Wyoming is 10 years. This means a court will not consider prior DUI convictions if a person has only one conviction in ten years.

What are Aggravating Factors in a Second DWUI?

In Wyoming, certain conditions outlined by the state DUI sentence enhancement statute will make an ordinary DUI or DWUI an aggravated crime. These circumstances carry far worse penalties than those for a simple DWUI infraction. Some examples of these aggravating factors include:

• Driving a car with a blood alcohol content (BAC) of at least 0.15%.
• Transporting a person with a disability who is under 16 years old.
• Causing another individual to suffer severe physical harm (this may lead to felony charges).
• Fleeing a DUI arrest
• Possessing several prior DWUI convictions within the ten-year lookback period in the state.
• Refusing to take a breathalyzer.

What Happens If You Get a 2nd DWUI/DWI in Wyoming

The following are possible penalties and consequences of a DWUI in Wyoming:

• Financial penalties totaling over $2000.
• A license suspension and sometimes a permanent driving ban for CDL drivers.
• Mandatory jail time (5 days- 2 months).
• Felony or misdemeanor charges.
• Offenders must attend a Drug treatment program.

How Long Does a Second DWUI Stay On Your Record in Wyoming?

Forever. A second DWUI will remain on an individual's record indefinitely. Wyoming law enforcement can view DWUI information on any background check. A second DUI will also come up during any driving records check for 10 years. A Second DWUI conviction in Wyoming limits an individual's employment prospects. Specific categories of employers will disqualify individuals with multiple DUIs on their criminal and driving records. The only way an individual can completely remove a DWUI from their record is through an expungement process.

How Much Does a Second DWUI Cost in Wyoming?

The cost of A second DWUI includes financial penalties imposed by the courts and the associated expenses incurred while following court orders. The total cost could be as high as $3500-$5000, depending on whether the offense is a felony or misdemeanor. A judge can also increase the financial penalties based on the number of aggravating factors that occurred during the DUI. The following is a breakdown of DWUI expenses in Wyoming:

• DUI fines: $750-$2000
• Lawyers' fees and administrative court costs: $ 800- $ 1000.
• Total Cost of IID: $ 1000- $ 1400
• Cost of driver's license reinstatement: $100

Chances of Going to Jail for a Second DWUI in Wyoming

An individual is highly likely to go to jail for a second DWUI in Wyoming. Because the individual is a repeat offender, a judge will most likely mandate jail time of at least 3 - 4 months. Depending on other aggravating factors, a court might also decide to extend the jail time from 1 to 5 years.

Driver's License Suspension for a Second DWUI in Wyoming

Another consequence of a second DUI is the suspension of an individual's driver's license. It starts 90 days after the first DUI and increases to a year if the individual gets a second within 10 years. If the person's second DUI occurs within two years of the first, their vehicle registration will also be suspended until their license is restored. If someone with a commercial driver's license commits a second DUI, their license will be permanently revoked.

In Wyoming, a person with a second DWUI is not eligible for a probationary license. A probationary license is a temporary license issued to first-time DWUI offenders that allows them to operate their vehicle for essential activities such as their job, treatment programs, or community service centers.

Ignition Interlock Device Requirement

When an individual's license has been suspended because of a DUI, the court provides a way for eligible individuals to drive under the supervision of law enforcement. These eligible persons must have a restricted ignition interlock license (IID) before they are legally allowed to drive.

The IID device requires the driver to complete an initial test before the driver can start the car. After that, he must do a random test at a random variable interval of three to ten minutes. To obtain the device, persons must pay a $50 license reinstatement fee and a $100 IID fee at the Department of Driver Services in Wyoming. The offender must cover the total costs of installation, maintenance, and leasing of the IID device.

DWUI School and Substance Abuse Treatment

As part of the sentencing and probation requirements for DWUIs in Wyoming, the offender is required to attend a substance abuse treatment program supervised by the Wyoming Department of Health Office. Depending on the judge's recommendation, this program usually takes 2-3 months to complete. The offender is mandated not to miss a single DWUI treatment session, and failure to do so results in further penalties.

Probation Conditions

A court can sentence a second DWUI offender to probation in addition to financial penalties and jail time for a DUI conviction. Probation can be used as a substitute for or in addition to fines, jail time, and other sanctions. Probation in Wyoming DUI cases typically lasts no more than three years. In Wyoming, a standard DUI probation includes the following requirements:

• Mandatory regular check-ins with a probation officer.
• Installation of an IID device.
• Mandatory attendance at an alcohol treatment program
• Random drug/alcohol testing.
• Traveling restrictions

Community Service Requirements

People charged with DUI in Wyoming may choose to complete community service to avoid jail time, lessen it, or even add it to avoid probation. A judge typically orders community service to make up a sentence—whether the full sentence or just a part of it. The typical penalty for a second DUI offense in Wyoming is between 300 and 500 hours of community service. The service might involve volunteering at an NGO such as the Red Cross or speaking at any local organization on the dangers of a DUI.

Impact on Auto Insurance

A second DWUI in Wyoming leads to a 40% increase in auto insurance. Even three years after the DWUI incident, the premiums will remain at least 20% above the average auto insurance. Additionally, offenders will be classified as high-risk individuals on their insurance policy. Despite these increases, offenders must maintain a state-mandated minimum amount of car insurance called an SR-22 bond. The insurance company submits an SR-22 bond to the State Department of Motor Vehicles to confirm that l has current insurance coverage. The offender may be penalized for driving without insurance if they cancel their insurance and fail to maintain the SR-22.

Which Courts Handle DWUI Cases in Wyoming?

In Wyoming, DWUI cases are handled by district, circuit, and drug/treatment courts. The decision on which court will hold the DWUI hearing depends on where the DWUI incident occurred, the law enforcement agency that made the arrest, and whether the DWUI was a felony or misdemeanor. Felony DWUIs are exclusively handled by district and circuit courts, while municipal DWUI misdemeanors are heard at the county drug/treatment courts. The following is the contact information for five key courts in Wyoming cities that handle DWI cases:

Circuit Court of the 6th Judicial District, Campbell County
Physical Location:
500 South Gillette Avenue, Suite 2200
Gillette. WY 82716
Tel:Voice: (307) 682-2190
website: Campbell county circuit court

Circuit Court of the 2nd Judicial District, Albany County
525 Grand Avenue, Room 400
Laramie. WY 82070
Tel: (307) 742-5747
website: Albany county court

Circuit Court of the 8th Judicial District, Converse County
1201 Mesa Drive Suite E
Douglas. WY 82633
Tel: (307) 358-2196
website: converse county circuit court

Circuit Court of the 6th Judicial District, Crook County
Physical Location:
309 Cleveland
Sundance. WY 82729
Tel: (307) 283-2929
Website: Crook County Circuit Court

Wyoming's version of the Department of Motor Vehicles (DMV) is the Wyoming Department of Transportation, which is responsible for revoking and reinstating licenses according to court orders. The Department of Transportation is also responsible for monitoring the IID system installed in drivers' cars to ensure they comply with their new driving standards. The department also issues probationary licenses and ensures DWUI offenders follow general driving safety rules.

Can You Get a DWUI on a Horse in Wyoming?

Yes, technically, an individual can be charged with a DWUI in Wyoming if they are intoxicated while riding a horse. As per precedent of cases handled by Wyoming courts and a broad interpretation of Wyoming drunk driving statutes law, anyone who drives or rides an animal on a Wyoming highway is entitled to all the rights and obligations that apply to a driver of a vehicle; therefore, if someone is found guilty of riding a horse on a Wyoming highway while intoxicated, they can be found guilty of a DWUI and animal endangerment.