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2 Defensa por DUI
Defensa por conducir bajo los efectos del alcohol
Your arrest doesn't have to determine your future.
Los cargos por conducir bajo los efectos del alcohol (DUI) tienen consecuencias penales y civiles. No solo se enfrenta a una posible pena de cárcel, sino también a la pérdida de su licencia de conducir. Es importante buscar el asesoramiento de abogados con experiencia que le asesorarán durante este difÃcil proceso. Todo caso de DUI, DWI, DWAI y conducción bajo los efectos del alcohol debe evaluarse exhaustivamente.
Las condenas por conducir bajo los efectos del alcohol pueden resultar en miles de dólares en costas judiciales, multas, suspensión de la licencia, aumentos impagables en las primas de seguro y posible encarcelamiento. Incluso quienes evitan las consecuencias más graves pueden enfrentar un estigma que puede costarles el trabajo o dificultarles la búsqueda de empleo en el futuro, especialmente si un trabajo requiere un historial de conducción limpio. Hemos representado a acusados de todo tipo de delitos, desde conducir bajo la influencia del alcohol (DUI) hasta homicidio por DUI. El Sr. Humphrey es miembro del Colegio Nacional de Defensa de DUI.
HOMICIDIO VEHICULAR
Si un accidente fue causado debido a una supuesta conducción bajo los efectos del alcohol, conducción imprudente u otras violaciones de las leyes de tránsito y otro conductor, un pasajero de cualquier vehÃculo o un peatón muere, la fiscalÃa puede intentar elevar los cargos a homicidio vehicular con una pena de prisión significativa.
The DUI Two-Part Problem Nobody Explains
When you were arrested for DUI in Wyoming, two separate legal processes started simultaneously. Most people only think about one of them, which is a critical mistake.
Part One: Your Driver's License (The Administrative Side)
The moment the officer arrests you, your license is likely to be suspended. You should have received a suspension notice and a temporary license valid for 30 days. This begins before you have had a chance to contest the allegations or appear in court.
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The Wyoming Department of Transportation (WYDOT) is now processing a separate suspension of your driving privileges. This suspension happens regardless of whether you're convicted of DUI in court. You could win your criminal case in court and still lose your driving privileges administratively. These are two independent actions.
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Wyoming Statute 31-6-102 gives you exactly 20 days from your arrest date to file a Request for Contest Case Hearing with WYDOT. This is not optional. This is not a suggestion. This is a hard deadline.
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If you file that request within 20 days, you get a hearing. At that hearing, you can challenge the stop, challenge the test, and challenge the arrest itself.
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If you do not file within 20 days, your right to a hearing disappears. Your suspension becomes automatic. You lose the ability to challenge WYDOT's decision.
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Most people miss this deadline because they're focused on their criminal court date. They don't know the administrative process exists. By the time they realize what happened, it's too late.
Track Two: Your Criminal Case (The Court Side)
Simultaneously, while the pending license suspension is in effect, the DUI citation is filed in court, initiating a criminal prosecution. This process is separate from the WYDOT suspension. You could win one. At the same time, while the license suspension is active, the citation is filed in court, starting a criminal case. This process is separate from the WYDOT suspension. You might win one but lose the other, or vice versa. If you don't win both, you lose your license. That's right—you could win your criminal case and still lose your license if you didn't request a hearing on the suspension.
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Your criminal case will involve potential jail time, fines, probation, alcohol assessment, and treatment programs. But that's down the line. Right now, the immediate issue is the WYDOT deadline.
What a First Offense DUI Conviction Actually Costs
Understanding the full picture matters. Most people focus on one penalty and miss the cumulative damage.
1. Possible Court-Imposed Penalties
If you are convicted of DUI in district court as a first offender, the judge has authority to impose the following:
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Jail time. Wyoming allows up to six months in jail for a first offense, but the judge has discretion. Most first-time offenders avoid jail entirely, while others serve days or weeks. Factors that increase the chance of jail include having a blood alcohol content over 0.15 percent, refusing to take a test, or having a minor passenger in the vehicle.
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Fines. The court can impose fines up to $750.00 dollars. Additionally, you will owe court costs, fines, and fees, which typically range from $200.00 to $750.00. These costs accumulate quickly.
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Probation. You will be placed on probation for 1 to 3 years. It means you cannot consume alcohol. It means one mistake, one missed appointment, one positive test, and the judge can revoke probation and send you to jail for the remainder of your sentence.
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Mandatory substance abuse assessment and treatment. The Wyoming DUI statute requires an alcohol assessment prior to sentencing. Based on those results, the court orders you into a substance abuse treatment program. This is not negotiable.
2. WYDOT Penalties (License Suspension)
This is separate from criminal court penalties. WYDOT acts independently against your driving privileges.
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If your blood alcohol content was 0.08 percent to 0.14 percent, WYDOT imposes a 90-day license suspension, or if you are convicted of DUI.
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Ignition interlock device. If your blood alcohol content was 0.15 percent or higher, Wyoming law requires installation of an ignition interlock device in your vehicle for 6 months. This device tests your breath before allowing the engine to start. If it detects alcohol, the car will not start. You pay for the installation and the monthly rental fee, usually $97.00 to $200.00 dollars per month.
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These administrative suspensions can happen even if you beat the criminal case in court. Even if the prosecutor dismisses the DUI charge, WYDOT can still suspend your license.
3. SR-22 Insurance for 3 Years
SR-22 is a certificate of financial responsibility. It is not a type of insurance. Rather, it is a form that your insurance company files with the Wyoming Department of Transportation to prove that you carry minimum liability coverage. Wyoming law requires you to maintain SR-22 coverage for three years following a DUI conviction or an administrative suspension. This means your insurance company must notify WYDOT if your policy lapses or is cancelled. If that happens, your driving privileges are suspended again, even if you have already served your original suspension period. SR-22 insurance is more expensive than standard coverage because you are classified as high-risk. The additional cost typically ranges from 500 to 1,500 dollars per year above your normal premium. You cannot remove the SR-22 requirement early. You must maintain it for the full three-year period, or you will face additional suspension and legal consequences.
These penalties are not abstract legal concepts.
They have real consequences.
Your employment is at risk. Many employers conduct background checks. A DUI conviction shows up. Some employers have explicit policies against hiring people with DUI convictions. Others will never hire you if your job requires a valid driver's license or operates in certain industries like transportation, healthcare, or federal contracting.
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Your insurance costs will skyrocket. If you maintain your license, your insurance company will classify you as high-risk. Expect your rates to double, triple, or become unaffordable. Some insurers will drop you entirely. You will be forced into a high-risk pool. This penalty lasts for years.
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Your personal record is permanently marked. Wyoming does not automatically expunge DUI convictions. A DUI shows up on background checks for employment, housing, loans, professional licensing, and security clearances. It follows you.
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Your future opportunities are limited. Professional licenses can be affected. Custody decisions in family law cases can be influenced. Firearm ownership rights may be restricted depending on the specifics. A DUI conviction creates collateral consequences that extend far beyond the legal sentence.
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