Degrees of DWUI in Wyoming and South Dakota

In Wyoming and South Dakota, you can be charged with Driving While Under the Influence (DUI / DWUI) if you have a Blood Alcohol Content (BAC) of .08% or greater, if you are under the influence of alcohol or drugs, or are under the influence of alcohol or drugs to the extent that you are incapable of safely operating a vehicle.

However, the penalties you face for a DUI / DWUI conviction can vary greatly based on the exact circumstances of your unique situation.

Wyoming DWUI Degrees and Penalties

In Wyoming, a first-time DWUI is a misdemeanor. If you are convicted of a first-time DWUI, you face the following penalties:

• Fines of up to $750
• Up to six months in jail
• 90-day license suspension
• Mandatory installation of an Ignition Interlock Device (IID) for 6 months if your BAC was .15% or higher
• Substance abuse assessment and treatment, at your expense
• An SR-22 Bond for 3 years after a DWUI-related conviction

Wyoming has a 10-year look-back period. If you are convicted of a second DWUI offense in 10 years, penalties include:

• Fines of $200 to $750
• Minimum of 7 days up to 6 months in jail
• A 1-year driver’s license suspension
• Mandatory installation of an IID for 1 year from the date of conviction
• Substance abuse assessment and treatment, at your expense
• An SR-22 bond for 3 years after a DWUI conviction

If you are convicted of a third DWUI in 10 years, you face the following penalties:

• Fine of $750 to $3,000
• Minimum of 30 days to a maximum of 6 months in jail
• 3-year driver’s license suspension
• Substance abuse assessment and treatment, at your expense
• Mandatory installation of an IID for two years from the date of conviction
• Possible in-patient alcohol and substance abuse treatment, at your expense
• An SR-22 bond for 3 years after a DWUI conviction

If you are convicted of a fourth or subsequent DWUI in 10 years, you face felony charges with penalties that include:

• Up to a $10,000 fine
• Up to 7 years in jail
• An indefinite driver’s license suspension
• Installation of an IID for life (with the possibility of appeal after 5 years)
• Substance abuse assessment and treatment, at your expense
• An SR-22 bond for 3 years after a DUI conviction

Additional Penalties for a Wyoming DWUI

If you are involved in a car crash while you are under the influence of drugs or alcohol and someone sustains serious bodily injuries or is killed, you face a fine between $2,000 and $5,000, up to 10 years in prison, and revocation of your driver’s license. You may also face charges of vehicular homicide, which is punishable by up to 1-year in jail and a fine of up to $2,000.

If you were previously convicted of a DWUI, you face up to 20 years in prison.

South Dakota DUI Degrees and Penalties

Like Wyoming, South Dakota prohibits driving with a BAC of .08% or greater, while under the influence of alcohol, non-prescription drugs, or intoxicating inhalants, or while under the influence of a prescription that makes the driver incapable of safely operating a vehicle. Penalties for a South Dakota DUI are as follows.

A first-time DUI in South Dakota is a Class 1 Misdemeanor, punishable by:

• A fine of up to $2,000
• Up to 1 year in prison
• License revocation of 30 days to 1 year
• An SR-22 bond for 3 years after a DUI conviction

A second offense in 10 years is a Class 1 Misdemeanor, punishable by:

• A fine of up to $2,000
• Up to 1 year in prison
• License revocation of at least 1 year
• An SR-22 bond for 3 years after a DUI conviction

A third DUI offense in South Dakota within 10 years is a Class 6 Felony, punishable by:

• A fine of up to $4,000
• Up to 2 years in prison
• License revocation of at least 1 year
• An SR-22 bond for 3 years after a DUI conviction

A fourth DUI offense in 10 years is a Class 5 Felony punishable by:

• A fine of up to $10,000
• Up to 5 years in prison
• License revocation for not more than 2 years
• Possible chemical dependency evaluation
• An SR-22 bond for 3 years after a DUI conviction

A fifth DUI conviction in 10 years is a Class 5 Felony punishable by:

• A fine of up to $20,000
• Up to 10 years in prison
• License revocation of not less than 3 years
• Possible chemical dependency evaluation
• An SR-22 bond for 3 years after a DUI conviction

For a second or subsequent DUI offense, or any DUI involving a BAC of .17% or higher, you face a mandatory drug and alcohol evaluation and may be ordered to complete a chemical dependency program.

Additional Penalties for a South Dakota DUI

If you were under the influence of drugs or alcohol and were involved in a car accident where someone is killed, you face charges of vehicular homicide, a class 3 felony that is punishable by up to 15 years in prison, up to $30,000 in fine, and a license revocation of at least 10 years.

Just Criminal Law. Protect Your One Shot at Justice

Penalties for a DWUI / DUI conviction in Wyoming and South Dakota are severe, and you need an experienced DWUI / DUI defense attorney on your side.

At Just Criminal Law, Christina L. Williams and her team of criminal defense professionals will work hard to defend you against DWUI / DUI charges.

Learn more about the communities we serve and why clients choose us, then contact us today to schedule a personalized case review and strategy session to discuss your case.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.