Wyoming Non-Commercial DUI Lawyer 

Although buzzed driving may be drunk driving in other states, since 1955, Wyoming has a presumption of innocence associated with a blood alcohol concentration (BAC) measurement of 0.05% or less, which means that buzzed driving is not drunk driving in Wyoming. Additionally, Wyoming has serious problems proving the accuracy and reliability of BAC measurements in driving under the influence (DUI) cases. If you are accused of having a BAC measurement that is allegedly 0.08% or more, then you need to hire the only Wyoming attorney certified by the American Chemical Society as a lawyer-scientist, who understands the complicated science involved with chemical testing in a DUI case.

R. Michael Vang P.C. has 27 years of experience with criminal defense generally and DUI defenses specifically. From our Albany office, we serve clients in Cheyenne, Laramie, Casper, and throughout the state of Wyoming. Call the office at (307) 336-7570 or fill out our online contact form to arrange for a free consultation. 

Defenses Against a DUI Charge in Wyoming

Every DUI charge is different. However, there are several possible legal defenses that may apply to a DUI case

Lack of Probable Cause

A police officer cannot simply detain a person without a valid reason. A detention by law enforcement must be justified at its inception, and “[r]easonably related in scope to the circumstances which justified the interference in the first place.” Terry v. Ohio, 392 U.S. 1, 20 (1968). “[P]eace officers are encouraged, if not constitutionally obliged, to employ ‘the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time.’” Keehn v. Town of Torrington, 834 P.2d 112, 116, (Wyo. 1992) (quoting Florida v. Royer, 460 U.S. 491, 500 (1983) (plurality)). The burden of proof is always upon the prosecution to justify a detention and subsequent arrest. Fortunately, Wyoming provides greater rights against unreasonable searches and seizures than the Fourth Amendment that apply to criminal cases in Wyoming.

Reliability of a Breathalyzer

A person accused of a DUI charge is always presumed to be innocent and the prosecution must always prove the accuracy and reliability of a chemical testing measurement beyond a reasonable doubt. There are numerous medical reasons that can cause a high breath alcohol concentration (BrAC) measurement. Based upon attacks made by Mr. Vang upon the Intoximeter breath machines that are used to create breath alcohol concentration measurements in Wyoming, the Wyoming Department of Health has “retired” almost all of their approved scientific methods for breath testing to avoid discovery in breath testing cases. Hire the Wyoming attorney that understands the science of chemical testing and is able to win cases involving allegedly high BrAC measurements.   

Reliability of a Blood Test

Although blood testing is the most accurate form of chemical testing in a DUI case, it also requires proof of proper “chain of custody” of the blood samples and proof the chemical testing machine was properly calibrated to create blood alcohol concentration (BAC) measurements. Every step in the blood testing process must be validated to prove the final BAC measurement is accurate and reliable. Unfortunately, the state of Wyoming consistently fails to prove that they have strictly complied with the approved scientific methods that apply to blood testing. Mr. Vang is then only Wyoming attorney awarded the Forensic Lawyer-Scientist Designation by the American Chemical Society (ACS) Chemistry and the Law Division.  Mr. Vang consistently wins cases with BAC measurements that are well above the legal limit in Wyoming of 0.08%.