The difference between standard and aggravated DUI in Wyoming

The difference between standard and aggravated DUI in Wyoming

| Dec 11, 2020 | Criminal Defense |

Like most states, Wyoming does not just have one law regarding driving under the influence (DUI). In fact, there are three different drinking and driving-related crimes. Each of them has its own criminal elements and potential punishments.

Standard DUI

Standard DUI is drinking with a blood-alcohol content (BAC) of .08 percent or above. This is known as “per se” DUI because the law presumes that a person with that BAC is too impaired to drive safely. A BAC of between .05 percent and .08 percent is not presumed to be impaired, but this does not automatically mean someone with this BAC will not be arrested and charged with DUI. Someone with a BAC of .04 and below is presumed not to be impaired. A first conviction for standard DUI is a misdemeanor, punishable by up to six months in jail and a fine of up to $750. The judge will also suspend your driver’s license for at least 90 days. To get it back, you may have to agree to install an ignition interlock in your vehicle. Finally, you may be ordered to undergo alcohol education, assessment and treatment.

Aggravating factors

Next is enhanced or “aggravated” DUI. This refers to cases where the driver has a BAC of .15 percent or above, injured someone in a car accident, or had someone under 16 in the vehicle when they were arrested. The punishments get tougher, even for a first offense.

Juvenile DUI

Finally, there is the state’s zero-tolerance DUI law targeting underage drinkers. It takes just a BAC of .02 percent to arrest a driver under 21 for DUI.

Whatever version of DUI you have been charged with, you must take the charges seriously. Hiring a defense attorney to help you can make a big difference. For example, in many cases, a defense lawyer can negotiate a plea deal that reduces your charge to reckless driving.