Wyoming DUI Process and Procedure

The Wyoming DUI Arrest Process:

When a driver is stopped by a Wyoming police officer for any reason, the officer will begin looking for signs that the driver is under the influence. These might include slurred speech, alcohol on the driver's breath or clothes, or the results of a portable breath test. If the officer believes that there's a good reason to think the driver is under the influence, the officer will arrest him or her.

After anyone charged with a crime in Wyoming is arrested, the police officers who arrest him or her are required to inform him or her of the charges against him or her and bring the defendant before a judge or magistrate. Typically, this must be done within 48 hours of the arrest, but there is an exception if the State can demonstrate that unusual or emergency circumstances require a longer time.

In Wyoming DUI cases, unless the defendant is a juvenile charged with a misdemeanor which can be punished with at least 6 months in jail, the police may choose to release defendants who are charged with misdemeanor offenses with a citation. The citation will contain the charge against the defendant and a promise to appear in court when called as well as additional criminal penalties which will be imposed if the defendant does not appear.

The Wyoming DUI Court Process:

When the defendant appears in court, the judge will first tell the defendant about the charges facing him or her and the punishments that are possible for a conviction. If one of the possible punishments is jail time, the defendant has the right to a public defender or court-appointed attorney for all of the proceedings starting with the initial appearance and extending through trial to an appeal.

In the typical DUI case, the court will next conduct a preliminary examination to determine whether a crime has been committed and whether the defendant is probably guilty of that crime. At this proceeding, the State will present witnesses and evidence which the defendant can challenge or refute with witnesses or evidence of his or her own. If the court concludes that the defendant probably is guilty of the crime he or she is charged with, the defendant will have to plead guilty or go to trial. If the defendant is charged with a felony, the case will go to a district court, but if the defendant is charged with a misdemeanor, the case may go to a circuit court instead.

If the defendant hasn't already been released, it's usually at this point that the court will consider whether to release the defendant on bail before the trial. Bail will probably be granted in DUI cases in Wyoming, but the court can require various things from the defendant before allowing him or her to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called.

Usually, the next step is a formal arraignment in which the document which contains the official record of the charges against the defendant will be read aloud and entered into the official court record, along with the defendant's plea.  The defendant must plead guilty, not guilty, or no contest to the charges. If the defendant pleads not guilty, the case will go to trial.

The Wyoming DUI Trial Process:

All Wyoming courts try DUI cases with jury trials unless the defendant chooses not to have a jury trial. The jury will consist of 12 people in a felony trial and 6 in a misdemeanor trial. Trial begins with the selection of the jury from a panel of potential jurors and the defendant may participate in the process of selecting them. Once the jury is selected and sworn, both the prosecution and the defense will give an opening statement. The State will present its witnesses and evidence, and the defense may challenge the State's case by cross-examining State witnesses. The defense may put on a case of its own or may rely on the burden on the prosecution to prove the defendant guilty beyond a reasonable doubt. Whether the jury has 12 or 6 people, all of the jurors must agree on a verdict