Frank Chapman:
In Wyoming, the laws are getting increasingly more strict with individuals
stopped, arrested for, and convicted of drunk driving. If you have just been arrested for Driving
Under the Influence (DUI)/Driving While Intoxicated (DWI) for the first time,
you may feel uncertain about the resulting court proceedings. DUI/DWI law in Wyoming can be quite complex.
The stakes are high, even as a first time offender, you may face
hefty fines, probation, revocation of your license and a dramatic rise in your
automobile insurance rates. You may even be sentenced to some jail time.
Therefore, it is important to hire a defense attorney who has experience in this
area of law.
Even if you believe your situation provides the prosecutor with a "slam dunk"
case against you, an experienced DUI/DWI attorney will be able to examine your
case and make challenges, where appropriate. The critical elements of a
DUI/DWI conviction are as follows:
A DUI/DWI conviction depends on a
test of your BAC. Unfortunately, often times a person is not even the
slightest bit aware of what his or her BAC is prior to stepping into a vehicle.
In fact, you may have been completely unaware of your "guilty" condition prior
to having your BAC tested. Nonetheless, "intent" to drive drunk is not
required for a drunk driving conviction. Still, close cases provide the
greatest basis for a successful defense.
Your BAC may be tested either
through a Breathalyzer test, urine test or direct withdrawal of your blood.
Although you may not have the right to dictate the terms of the blood-alcohol
testing, you should be asked for permission prior to the administration of the
test. Refusal to submit to testing, however, often results in revocation
of your license. These tests, especially the Breathalyzer test, may be
improperly influenced by a variety of factors including: prescription drugs and
medical conditions, certain dental work, the use of chewing tobacco, and even
burping in the middle of testing. Because the percentage of your blood
that consisted of alcohol at the time of testing is critical to the case against
you, an experienced DUI/DWI attorney will examine whether any of the
circumstances of your testing can be challenged.
An experienced attorney will also
examine whether it can be argued that you were not "driving" the vehicle prior
to your arrest. Some states use the word "driving" in their statutes while
Wyoming uses the word "operating." While the definition of what is found
to constitute "operating" a motor vehicle, in the appropriate situations, this
element of the charge against you may be challenged.
DUI/DWI charges are much more than a
mere traffic violation and should be taken seriously. It is essential that
you choose an attorney to represent you, who has experience with DUI/DWI law in
your particular state. You should ask potential attorneys about their
background in this area of the law and about their outcomes in representing
clients charged with drunk driving. Be curious, ask lots of questions and
make an informed decision. Challenging drunk driving charges is never
easy, but an experienced attorney will recognize and address the weaknesses in
the case against you.