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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116716
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I just recently got a DUI in Wyoming and had a BAC of .175.

Customer Question

I just recently got a DUI in Wyoming and had a BAC of .175. It is my first time ever getting a DUI and was wondering if I am still able to use my deferral plea?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A person charged in WY with a DUI must be prosecuted for the DUI offense and the charge cannot be dismissed or reduced unless the prosecuting attorney states in open court, moves or files a statement to reduce or dismiss the charge, with specific information setting forth how there is insufficient evidence to sustain the DUI charge. However, Wyoming has a statute that permits a prosecutor to defer a non-commercial or youthful-offender DUI charge, if the accused meets the statutory requirements for receiving a deferred prosecution under Wyoming’s First Offender Statute. See: W.S. § 7-13-301.
If you have no prior convictions, you would need a local attorney to represent you, but it would be possible to still use your 301 Deferral, which is what these deferred judgments are called.