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What To Do If You’ve Been Charged with a DWUI in Wyoming
March 29th, 2022
A DWUI charge may be your first confrontation with the criminal justice system. You might feel overwhelmed, frustrated, angry, confused, and even a little scared.
You will need to attend your first court appearance, figure out a defense, and fight hard to obtain a good outcome.
But where do you start?
If you’re facing Wyoming charges for Driving While Under the Influence (DWUI), my team and I will analyze your situation, answer your questions, and defend you against the DWUI charge. We will fight for a fair resolution to your case, evaluate and challenge the evidence against you, and, if necessary, take your case to trial.
Steps to Take After a Wyoming DWUI Charge
Defending against a Wyoming DWUI charge can be quite complicated. There are complex scientific principles at issue in your case, and technical legal issues to consider. And throughout it all, the police and prosecutor will not be on your side.
To answer your questions and give yourself the best shot at beating the charge, you need to work with an experienced team of DWUI defense professionals. My team will help you navigate the criminal justice system and improve your chances of beating a DWUI charge.
Plead Not Guilty
The first step in defending against a DWUI charge is to plead not guilty. When you were arrested, you received a summons commanding you to appear in court at your arraignment. You must attend this court hearing. If you wish to challenge the DWUI charge, you must enter a plea of Not Guilty. If you enter any other plea, you give up your right to challenge the DWUI charge.
Attend the Pre-trial
At the arraignment, the judge will schedule a pre-trial hearing. This will be the first meeting with the prosecutor where your attorney can discuss the evidence the government will use to try to prove you guilty. Your lawyer will have an opportunity to review your case with the prosecutor and the judge and argue why the case against you should be dismissed.
Request Discovery
Your lawyer will formally request the information the prosecutor will present to try to prove that you are guilty of DWUI. This will often include the police officer’s report, video, witness statements, results of chemical tests, and your performance on Field Sobriety Tests.
Challenge the State’s Evidence
When you work with Just Criminal Law, our DWUI defense team will review the prosecution’s evidence and identify strategies to challenge it.
Depending on the circumstances of your case, we may be able to challenge:
- Whether the police officer had probable cause to initiate a traffic stop
- The circumstances under which the officer asked you to perform the FSTs
- Whether there were alternate explanations for your alleged intoxications
- The accuracy of the chemical tests that were used to evaluate your Blood Alcohol Content (BAC)
- Whether the police officers violated your civil rights
Move to Suppress Evidence
Once my team has identified the evidence we will challenge, we will file a Motion to Suppress Evidence. A Motion to Suppress Evidence is a document filed with the court that asks the judge to exclude certain pieces of evidence. Evidence can be excluded if it is unreliable, improperly obtained, or likely to confuse the jury.
If our Motion to Suppress Evidence is successful, the judge or jury cannot consider the evidence that was suppressed. Because the prosecutor may not be able to prove their case without this evidence, the prosecutor will be more likely to offer a plea to a reduced charge or even dismiss the case entirely.
Negotiate a Plea
Regardless of the outcome of the Motion to Suppress Evidence, we will negotiate with the prosecutor for a plea to a reduced charge.
A successful plea bargain typically involves a reduction in the charges or a reduced sentence.
Everyone has different objectives when it comes to negotiating a plea to a DWUI charge. We will discuss your goals and offer advice. But the decision on whether to accept a plea is always up to you.
Attend Trial
If we are unable to successfully resolve your DWUI case through plea negotiations, we will take your case to trial.
Throughout the criminal process and at trial, you are presumed innocent until proven guilty.
During the trial, the prosecutor will present evidence that they believe proves, beyond a reasonable doubt, that you were guilty of DWUI.
Your defense lawyer will make arguments to the jury, question witnesses, and present evidence.
Once both sides have completed their case, the jury will decide whether you are guilty of DWUI.
Just Criminal Law: We Fight to Protect Your One Shot at Justice
If you are facing DWUI charges in Wyoming, don’t go it alone. Achieving a successful resolution of a DWUI case is difficult, but certainly not impossible.
The experienced team of DWUI defense professionals at Just Criminal Law is here to answer your questions, help you navigate the criminal justice system, and protect your rights.
Learn why clients choose us and read testimonials from other people we’ve helped, then contact us today to schedule your personalized case review and strategy session.
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.
Categories: DUI / DWUI / Drunk Driving