DUI Checkpoints & Crime on the Road, Sobriety Checkpoints

Wyoming House Bill 38, Sponsored By: Representative(s) Gingery, Hammons and Illoway and Senator(s) Massie and Sessions is looking to toughen up the DUI Laws in Wyoming. If the new bill was signed into law under it’s current form it would increase the penalty for refusing a breath test and would increase penalties for a first, second, third and fourth DUI (see below).

The new bill has a tough road ahead and the Wyoming Senate also has new DUI Legislation in the works. The details listed below are “paraphrased”  from the introduced version of House Bill 38, this version may change as it makes it’s way through the legislative process. To read the introduced version please go to >> Wyoming House Bill 38.

Wyoming House Bill 38 – An Act relating to driving under the influence; expanding the definition of controlled substances and otherwise amending and creating definitions; amending the time for acceptable results from tests of blood alcohol concentration; creating a crime for failure to submit or complete a chemical test as specified; creating a crime of aggravated driving under the influence; amending penalties; repealing a provision relating to the reduction or dismissal of charges; repealing evidentiary presumptions relating to blood alcohol concentration; clarifying factors relating to penalties for subsequent convictions; and providing for an effective date.

Any drug or psychoactive substance, or any combination of these substances, capable of impairing a person’s physical or mental faculties

DUI Convictions

For a first conviction punishable under this paragraph, the offender shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.0), or both

For a second conviction the offender shall be guilty of a misdemeanor punishable by imprisonment for not less than seven (7) days nor more than one (1) year (Previously 6 Months), a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00), or both

The offender shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail

For a third conviction ten (10) years (Up from 5 Years) after an offense resulting in a conviction guilty of a misdemeanor punishable by imprisonment for not less than thirty (30) days nor more than one (1) year (Up from 6 Months)

For a fourth or subsequent conviction within fifteen (15) years (up from 5 Years)the offender shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than five (5) years, (Up from 2 Years) or both

Ignition Interlock

For a first conviction if the Blood Alcohol Level of the convicted was above .15 – operate only vehicles equipped with an ignition interlock device for a period of six (6) months from the date of conviction

For a second conviction – operate only vehicles equipped with an ignition interlock device for a period of one (1) year from the date of conviction

For a third conviction -  operate only vehicles equipped with an ignition interlock device for a period of two (2) years from the date of conviction

For a fourth or subsequent conviction – operate only vehicles equipped with an ignition interlock device for the remainder of the offender’s life, except five (5) years from the date of conviction and every five (5) years thereafter, the offender may apply to the court for removal of the ignition interlock device required by this paragraph.

Convicted of DUI with child passenger in vehicle

Any person eighteen (18) years of age or older who has a child passenger in the vehicle during a violation of this section shall be punished upon conviction as follows:

For a first conviction under this subsection, by imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars

If previously convicted and sentenced under this subsection, or any other law substantially conforming to the provisions of this subsection, by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

Refusal to submit to or failure to complete a chemical test

His refusal to submit to or the failure to complete all required chemical tests is a violation of law.

Alaska Driving Laws