Wyoming defines prior DUI offenses as those convictions occurring within 10 years of the current arrest (not conviction). See Ramirez v. State, 2016 WY 128, 386 P.3d 348 (2016). The key date is the date of the current offense in relation to your prior convictions, not the date of the conviction for the current offense.

 

Example: Your first DUI conviction was on January 15, 2015. Your second DUI arrest is on February 1, 2024. The offenses are within 10 years. The second arrest is treated as a second offense, even if you did not get convicted on the second DUI offense until 2025.

 

This matters because if you are arrested more than 10 years after a prior DUI conviction, that prior offense does not count for enhancement. You would be treated as a first-time offender again. But if you are arrested within 10 years of your last conviction, that last conviction or convictions will be used for the purposes of enhancement. 
 

 

**Q: Can I get my DUI expunged from my record?**

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A: Wyoming law does not automatically expunge DUI convictions. Expungement is possible in limited circumstances and requires a separate legal petition. We can advise you about eligibility after your case concludes. If expungement becomes an option, we can help you pursue it.

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**Q: My employer asked about my arrest. What do I have to tell them?**

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A: This depends on your employer and the type of job you have. Some employers require you to disclose arrests or pending charges. Others do not. Some require you to disclose only convictions. We can advise you on what you are legally required to disclose and what you can keep private. Communication with your employer is often strategically important.

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**Q: Can I refuse the breathalyzer test?**

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A: Legally, you can refuse. If you refuse, the officer can obtain a warrant for a blood test. If the officer gets a blood test, they will test for more than alcohol. There are strategic considerations to refusing. We can discuss this in your consultation based on the specific facts of your situation.

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**Q: What if I have had a prior DUI?**

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A: If you have a prior DUI within 10 years, you are facing more serious charges and harsher penalties. The legal analysis changes substantially. The defenses change. The negotiation possibilities change. We handle multiple DUI cases differently. If this applies to you, tell us, and we can discuss what you are facing.

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**Q: How much will representation cost?**

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A: Every case is different. We charge different fees depending on the case's complexity, whether we go to trial, the work required, and the specific circumstances. We will provide you with a fair price once we understand your situation. Our goal is to give you excellent representation at a price that makes sense for your circumstances.

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**Q: What is SR-22 Insurance**

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A: SR-22 is a certificate of financial responsibility. It is not a type of insurance. Rather, it is a form that your insurance company files with the Wyoming Department of Transportation to prove that you carry minimum liability coverage. Wyoming law requires you to maintain SR-22 coverage for three years following a DUI conviction or an administrative suspension. This means your insurance company must notify WYDOT if your policy lapses or is cancelled. If that happens, your driving privileges are suspended again, even if you have already served your original suspension period. SR-22 insurance is more expensive than standard coverage because you are classified as high-risk. The additional cost typically ranges from 500 to 1,500 dollars per year above your normal premium. You cannot remove the SR-22 requirement early. You must maintain it for the full three-year period, or you will face additional suspension and legal consequences.