If you, a friend or a family member have been arrested for a DUI or DWUI (Driving while Intoxicated) you need an experienced lawyer on your side. DUIs are complex matters and involve the analysis of multiple events including the stop, the SFSTs (Standardized Field Sobriety Tests), Implied Consent Laws, and various types of chemical testing. They also require an analysis of driving patterns, where the stop occurred, and what constitutes control of a vehicle.
Never assume that you can be found guilty of a DUI. It takes an experienced Defense attorney to properly comb through the evidence with you. Even if the State seemingly has a strong case there may be discrepancies that allow for a dismissal. We also can help reach an agreement called a 301 deferral that can save your license and keep the DUI off your record entirely.
In Wyoming, there are more arrests made daily for intoxicated driving than almost all other criminal defenses combined. Those arrested are often people like you and me: law-abiding citizens. Contact us at 307-382-9999 to learn more about how we will help you. In the meantime, here are some of the most commonly asked questions we get from our clients when we first meet them about their intoxicated driving charge.
What is “blood alcohol content” level?
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.
What are my rights during DUI/DWI traffic stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely,
- The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
- If you are a passenger, you are free to leave.
If you are arrested or detained, you have additional rights, including Miranda warnings.
- You can say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a local phone call.
If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.
In addition the police must have a valid reason to pull you over. If they don't we may be able to have any breath or blood test, results of the field sobriety testing, and statements you made thrown out in order to get the case dismissed.
Can I refuse a breathalyzer or blood test?
If you are arrested for a DUI you may be asked to take a chemical test for your breath or blood. You can refuse this test but if you do a special e-warrant will be obtained for testing your blood. A blood test is often more accurate than a breath test and harder to challenge in Court. On the other hand if your blood alcohol level is below the legal limit the blood test will give you a more accurate result in your favor.
Other than the lack of choice in the testing, there are no other legal consequences in Wyoming for refusing an initial test but once a warrant has been obtained you must comply with the test or risk being charged with Interference with Law Enforcement. The Wyoming Supreme Court has suggested that your refusal to comply with a warrant may be used against you to prove your intoxication so once a valid warrant has been obtained you need to diligently comply.
Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you
What are standardized field sobriety tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are a number of standardized FSTs the most common being:
- Horizontal Gaze Nystagmus Test (HGN test)
- The One-Leg Stand Test (OLS test)
- The Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence in a criminal case but may be allowed by the Court to establish probable cause for your arrest.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
Can I refuse field sobriety tests in Wyoming?
You can refuse field sobriety tests in Wyoming. However, that is a catch 22 situation. Although, that may limit the State's evidence in certain situations to prove intoxication it may also limit the ability to challenge whether your constitutional rights were violated by your arrest. In cases, where you absolutely believe that you are going to fail the tests and look intoxicated in the process it may be advisable.
IT IS CRITICAL THAT YOU SPECIFICALLY TELL THE OFFICER ABOUT ANY MEDICAL CONDITION OR PHYSICAL ISSUE/DISABILITY YOU HAVE BEFORE FIELD SOBRIETY TESTS ARE CONDUCTED! ALWAYS BE SPECIFIC WITH AS MUCH DETAIL AS POSSIBLE!
After a DUI/DWI arrest in Wyoming, will my driver's license be suspended or revoked?
Yes, if you are arrested and take a test showing your BAC is over .08 your license may be administratively suspended for 90 days even before your DUI case is resolved. Never accept this suspension. We can fight the suspension and even if it is upheld we can help you get a probationary Driver's license so you can continue to drive in most circumstances.
If you are convicted of a DUI you may have the additional consequence of having to obtain an interlock device for a period of six months on a first DUI if your BAC was above .15. Interlock devices are always required with the length of time becoming greater on subsequent DUIS. You will also have to provide proof of expensive SR22 insurance for at least 3 years.
What happens after a drunk driving arrest in Rock Springs?
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI/DWI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI/DWI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.
Can I still get auto insurance in Rock Springs after a drunk driving conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is often charged to file this form.
Can I beat a drunk driving charge in Wyoming?
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, an alleged DUI/DWI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.
Can I just plead guilty to drunk driving?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI/DWI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty.
- You give up the ability to seek a 301 deferral to keep the charge off your record.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
- Most importantly, there are many aspects to a DUI case that can not be known until your lawyer and you review the discovery together. You should never plead guilty before reviewing all of the discovery. The discovery is the police reports, body cams, dash cams, photos, blood and breath testing results and witness statements.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI/DWI convictions will assuredly lead to harsher penalties.
Do I need a drunk driving lawyer in Wyoming to win my DUI/DWI case?
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. DUI law is complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI/DWI offenders do not have that kind of knowledge and skills.
How Much Does a DUI/DWI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
Contact a DUI/DWI Defense Attorney in Rock Springs Today
At The Law Office of Nathan W Jeppsen, we know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our DUI/DWI defense lawyer in Rock Springs today at 307-382-9999 to schedule a consultation and get honest advice on your best legal options.