Circuit Court

ABOUT DWUI (FIRST OFFENDERS)

What Happens to Me If I`m Arrested for DWUI?

Your citation or Release Order indicates a Court date at 1:30 p.m. on a Thursday afternoon. You MUST APPEAR at that time, unless you have personally made other arrangements acceptable to the Court. If your citation and your Release Order show different dates, the date on the Release Order is controlling; that is the date you must appear. A change in your Court date cannot be considered unless the request is submitted to the Court in writing.

IF YOU WISH TO PLEAD GUILTY: You must appear on your scheduled Court date, and you will be required to complete a written Waiver of Rights and Entry of Plea. For a FIRST-OFFENSE DWUI, absent special circumstances, you can expect your sentence to be a one-year Summary (unsupervised) Probation with the following terms and conditions:

1. Pay a $500 fine, plus a total of $130 in Court costs and fees, for a total of $630. Costs and Fees must be paid within 10 days of sentencing; a payment schedule can be arranged for the fine balance (at no less than $100 per month).

2. Have no alcohol-related or drug-related offenses during the term of your probation.

3. Do not drive a vehicle with a measurable amount of alcohol in your system.

4. Submit to alcohol or chemical testing as requested by any police officer or counselor.

5. Use or possess no drugs or narcotics (unless legally prescribed).

6. Violate no law.

7. Do not drive unless you have a valid driver=s license AND insurance.

8. You may be required to see a certified alcohol counselor for an alcohol/substance abuse evaluation, and to abide by the recommendations of the counselor. Note: The Wyoming Department of Transportation generally requires this for a "hardship license." All fees and costs related to the evaluation and treatment recommendations are your responsibility.

9. You may be required to attend a DWUI education course and provide proof of completion to the Court within three months of your sentencing date. Note: The Wyoming Department of Transportation generally requires this DWUI class if you are seeking a Ahardship license." Again, it is your responsibility to pay for the costs of the course.

10. You are required to attend a DWUI Impact Panel, held quarterly in Jackson (twice a year in Spanish). You will be required to pay all associated costs and fees.

11. Keep the Court advised in writing of any change in your permanent address, employment, or telephone number(s).

DRIVER`S LICENSE: If your breath, blood or urine test result is .10% or higher, your driving privileges may be suspended by the Department of Transportation for 90 days, but you can request a hearing and apply for a Probationary Driver`s License ("hardship license").Read carefully any notice you receive from the Department of Transportation and follow its instructions.

IF YOU REFUSED A CHEMICAL TEST, your license may be suspended by the Department of Transportation for six (6) months. There is no opportunity for a Ahardship license@ during this suspension for refusing a chemical test. However, if you plead guilty to DWUI within 10 days of the date of your arraignment (initial appearance), the 6-month suspension for the refusal will be dropped by the State.

IF YOU HAVE ANY QUESTIONS REGARDING THE SUSPENSION OF YOUR DRIVING PRIVILEGES, you are advised to call the Wyoming Department of Transportation (WYDOT) in Cheyenne at (307) 733-4800, or to contact an attorney for further information. The Court has nothing to do with your suspension and cannot give you advice.

NOTICE TO OUT-OF-STATE DRIVERS: If your driver`s license is issued by a State other than Wyoming, your driving privileges will be suspended in the State of Wyoming. If your driver`s license was taken by the arresting officer, the Wyoming Department of Transportation in Cheyenne will return your original license to the State which issued it; you are responsible for contacting the jurisdiction which issued the license in order to secure its return. A record of your suspension and/or conviction will be transmitted by Cheyenne to your home State. It is then up to your home State to determine any further action to be taken.

IF YOU HAVE A PRIOR DWUI OFFENSE, you could be subject to a mandatory jail term provided for under Wyoming law. In any event, an alcohol or substance abuse evaluation will be required under the terms of your Release Order, which you may obtain at the Justice Court Offices during normal business hours.

4/15/06