Felony DUI in Wyoming

What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in Wyoming?

In Wyoming, a DUI is considered a felony if the driver is involved in an accident that results in serious bodily injury or death, or if they have three or more prior DUI convictions within the past 10 years. A misdemeanor DUI is any DUI offense that does not meet the criteria for a felony DUI. A misdemeanor DUI will generally result in a fine, jail time of up to six months, license suspension, and/or substance abuse treatment.

Are there specific criteria or aggravating factors that elevate a DUI to a felony in Wyoming?

Yes. In Wyoming, a DUI can be elevated to a felony if:

1.It is the defendant’s third DUI in the past 10 years;
2.The defendant has caused serious bodily injury or death to another person while driving under the influence;
3.The defendant has prior felony DUI convictions;
4.The defendant’s blood alcohol concentration was .15% or greater;
5.The defendant was driving with a minor child in the vehicle; or
6.The defendant has previously been found to be a habitual offender.

How many prior DUI convictions are necessary for a DUI to be considered a felony in Wyoming?

In Wyoming, DUI is typically considered a misdemeanor unless the offender has three (3) or more prior DUI convictions. At that point, a fourth DUI is considered a felony.

What are some common aggravating factors that can lead to a Felony DUI charge in Wyoming?

1. Operating a vehicle while intoxicated with a minor in the car.
2. Operating a vehicle with a Blood Alcohol Concentration (BAC) of .15% or higher.
3. Causing an accident that results in serious bodily harm or death.
4. Operating a vehicle while intoxicated and having prior DUI convictions on record.
5. Operating a vehicle without valid insurance.
6. Operating a vehicle while under the influence of drugs or alcohol while in possession of an open container of alcohol in the vehicle.
7. Refusal to submit to Breathalyzer testing or other field sobriety tests.
8. Attempting to flee the scene of an accident or traffic stop while intoxicated.

What are the potential penalties and consequences of a Felony DUI conviction in Wyoming?

The potential penalties and consequences of a Felony DUI conviction in Wyoming depend on the severity of the case. Generally, a felony DUI conviction in Wyoming can carry penalties of up to five years in prison, a fine of up to $10,000, license revocation for up to three years, and a mandatory minimum ignition interlock device for up to two years. Additionally, a felony DUI conviction in Wyoming can also lead to other penalties such as community service, the requirement to attend an alcohol/substance abuse treatment program, and a permanent criminal record.

Is there a mandatory minimum sentence for Felony DUI convictions in Wyoming?

No, there is no mandatory minimum sentence for felony DUI convictions in Wyoming. A judge has the discretion to sentence an individual convicted of a felony DUI to any amount of jail time up to the maximum penalty allowed by law.

How do prior DUI convictions from other states impact Felony DUI charges in Wyoming?

Prior DUI convictions from other states will be considered when charging someone with a felony DUI in Wyoming. Generally, if an individual has two or more DUI convictions within a 10-year period, the state will charge them with a felony. This includes DUI convictions from any state, not just in Wyoming.

Can a Felony DUI result from DUI-related accidents causing injury or death in Wyoming?

Yes, in Wyoming, a felony DUI charge can result from DUI-related accidents causing injury or death. According to Wyoming Statute 31-5-233, a person found guilty of a felony DUI resulting from an accident causing injury or death may be subject to up to seven years of imprisonment and fines of up to $10,000.

Are there distinctions in penalties between Felony DUI and DUI involving drugs in Wyoming?

Yes, Wyoming has different penalties for DUI involving drugs or alcohol, depending on the type of substance involved. Felony DUI in Wyoming is typically charged when an offender has multiple DUI convictions within 10 years or has caused serious injury or death as a result of their drunk driving. Penalties for felony DUI in Wyoming can include fines up to $10,000, up to 10 years in prison, and a license revocation of up to 5 years. For DUI involving drugs, penalties may include fines up to $1,000, up to 6 months in jail, and a license revocation for up to 1 year.

Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Wyoming?

Yes, commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Wyoming. CDL holders convicted of a Felony DUI may have their license suspended for life, and may be disqualified from ever obtaining a CDL again. Furthermore, their employer will be notified of the conviction, which could lead to the loss of their job.

What is the role of ignition interlock devices (IIDs) in Felony DUI cases in Wyoming?

In Wyoming, the installation of an ignition interlock device (IID) is a requirement for all convicted felony DUI offenders. The IID is a device that is attached to the vehicle’s ignition system and requires a breath sample to be provided by the driver prior to starting the engine. If a sample with a breath alcohol content above a predetermined amount is detected, the engine will not start. The installation of an IID is mandatory for all felony DUI offenders in Wyoming who wish to retain or obtain a valid driver’s license, and they must complete an IID program for at least one year. This program includes regular monitoring of the device’s performance and random alcohol tests.

Is there a possibility for plea bargains or reduced charges in Felony DUI cases in Wyoming?

Yes, plea bargains and reduced charges may be possible in felony DUI cases in Wyoming. Defendants must consult with an experienced Wyoming criminal defense attorney to discuss their individual cases and the possibility of a plea bargain or reduced charges.

Can individuals with Felony DUI convictions regain their driving privileges in Wyoming?

Yes, individuals with felony DUI convictions can regain their driving privileges in Wyoming. The requirements for reinstating a license vary depending on the specifics of the conviction, but generally, the individual must first complete all terms of their sentence, including any court-ordered alcohol or drug treatment programs. Once the sentence is completed, they must fill out a petition to reinstate their license and submit it to the Wyoming Department of Transportation. The individual must also pay any applicable fines or fees, and provide proof of insurance.

How does a Felony DUI affect employment opportunities and background checks in Wyoming?

A felony DUI conviction in Wyoming can have a significant impact on employment opportunities and background checks. Employers in Wyoming are allowed to conduct background checks, and many employers will run a background check before hiring an applicant. A felony DUI conviction can appear on an applicant’s criminal background check, which could lead to the employer deciding not to hire the applicant or to terminate them later in their employment. Additionally, having a felony DUI conviction may make it difficult for some applicants to be hired for certain roles that require a clean criminal background or a professional license.

Are there diversion programs or rehabilitation options for Felony DUI offenders in Wyoming?

Yes, there are diversion programs and rehabilitation options for felony DUI offenders in Wyoming. These programs are administered by the Wyoming Department of Corrections, and include intensive supervision, education courses, and substance abuse treatment. In addition, the Department of Corrections also offers an Alternative Sentencing Program for felony DUI offenders which includes intensive supervision, drug and alcohol screening, and cognitive-behavioral therapy.

What rights and legal options do individuals charged with Felony DUI have in Wyoming?

Individuals charged with Felony DUI in Wyoming have the same rights as anyone facing a criminal charge. These include the right to remain silent, the right to an attorney, and the right to a fair trial.

The individual may plead guilty or not guilty and then will be provided a trial by jury where they may present a defense. Depending upon the facts of the case, they may be able to negotiate a plea bargain with prosecutors or argue that there are mitigating circumstances that should make the charge less severe. They also have the right to appeal their conviction if they are found guilty.

Can a Felony DUI conviction impact child custody and visitation rights in Wyoming?

Yes, it could. Depending on the severity of the offense, a Felony DUI conviction could have an impact on child custody and visitation rights in Wyoming. The court may take into account the risk that the parent poses to the safety and well-being of the child if they are granted custody or visitation rights.

Is there a statute of limitations for prosecuting Felony DUI cases in Wyoming?

Yes. In Wyoming, the statute of limitations for prosecuting felony DUI cases is six years.

How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in Wyoming?

In Wyoming, a felony DUI conviction is based on the number of prior DUIs within the state and can also include out-of-state convictions. Although an out-of-state DUI conviction may not result in a felony in the state where it occurred, it may still be considered a prior offense for the purposes of prosecution in Wyoming. The court will determine whether the out-of-state offense should be considered a prior offense during the sentencing phase of the case. If the court determines that it should be considered a prior offense, then it will be treated as if was an in-state offense, and a felony DUI charge may be pursued.

What resources or organizations provide support and guidance for individuals facing Felony DUI charges in Wyoming?

1. Wyoming DWI/DUI Resources: This website provides individuals facing felony DUI charges in Wyoming with the contact information for various legal assistance and advocacy organizations, as well as state resources for education, treatment and rehabilitation services.

2. Wyoming Legal Services: This organization provides free civil legal aid to eligible low-income individuals in Wyoming. They offer assistance with a variety of matters, including DUI/DWI cases.

3. Mothers Against Drunk Driving (MADD): This organization advocates for victims of drunk driving and works to reduce underage drinking, as well as the number of alcohol-related traffic fatalities and injuries. They provide support and resources for individuals facing felony DUI charges in Wyoming, including assistance with legal issues.

4. Wyoming Department of Transportation: The Wyoming Department of Transportation provides information on Wyoming DUI laws and regulations, as well as information on treatment options and available resources for individuals facing felony DUI charges in Wyoming.

5. National Motorists Association (NMA): The NMA provides legal representation for motorists facing DUI/DWI charges in Wyoming. They also provide resources and assistance for those facing felony DUI charges in the state, including information on the legal process, options for plea bargaining, and forms needed for court proceedings.