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Wyoming Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Wyoming or Court of Appeals of Wyoming where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Rideout v. State - 10/28/2005
Before HILL, C.J., and KITE, VOIGT, and BURKE JJ., and BROOKS, D.J. [ ] In these consolidated cases, Jason Carl Rideout (J.C. Rideout) and his brother, Michael Scott Rideout (Scott Rideout) (collectively referred to as the...

Cohee v. State - 4/15/2005
[ ] An eighty-three-year-old man was sentenced to the penitentiary for aggravated vehicular homicide and he appeals, alleging abuse of discretion in the district court's rejection of a plea agreement, in its refusal to consider...

Vassar v. State - 10/29/2004
The appellant, Peter B. Vassar, appeals from the denial of his suppression motion. The district court found that a law enforcement officer properly seized a wooden "marijuana stash box" from the appellant's automobile pursuant to the...

Gordon v. State - 9/9/2004
On the morning of January 9, 2002, in the course of investigating an allegation involving indecent liberties with a minor, Casper police officers interviewed BH, a fifteenyear-old female. BH informed police she had been living with Mr....

State v. Newman - 4/19/2004
After three days of trial before a jury, the district court declared a mistrial on the basis of prosecutorial misconduct and dismissed with prejudice the charges against Robert Newman on the ground that the six-month deadline for...

Greenwalt v. Ram Restaurant Corp - 6/26/2003
In response to a complaint asserting a wrongful death and negligence claim against Appellees' restaurant and bar, the district court certified a question of law concerning the constitutionality of a statute that limits a liquor vendor's...

Greenwalt v. Ram Restaurant Corp. of Wyoming - 6/26/2003
Golden, J., delivers the opinion of the Court; Kite, J., files a dissenting opinion, in which Voigt, J., joins. In response to a complaint asserting a wrongful death and negligence claim against Appellees' restaurant and bar,...

Director of the Office of State Lands & Investments v. Merbanco - 6/6/2003
Merbanco, Inc., Christopher Johnston and his children, and the Wyoming Education Association (WEA) (referred to hereinafter as "challengers") seek a declaration that the Wyoming Constitution prohibits the exchange of state school...

Wheaton v. State - 5/1/2003
Appellant, William Wheaton (Wheaton), appeals from the judgment and sentence finding him guilty of causing bodily injury to a peace officer engaged in the lawful performance of his duties, and property destruction. Wheaton contends that...

Olsen v. State - 4/14/2003
On the night of January 20, 1997, sometime between 11:00 p.m. and midnight, Olsen entered the Little Chief Bar in Worland. He instructed two patrons to lie down on the floor and robbed the bar. After having the bartender also lay face down...

Keats v. State - 2/13/2003
On the evening of December 30, 2000, appellant angrily left some friends, stating to one friend "if [you don't] want to go to jail, get out of the car . . .." The friend complied. Appellant then returned to his mobile home in the early...

Daniels v. Carpenter - 1/28/2003
The issues presented by the parties can conveniently be restated as follows: 1. Whether Wyoming law imposes a duty upon the appellees, under the circumstances of this case, to protect the appellant from harm caused by an...

Bryant v. State ex rel Department of Transportation - 9/24/2002
At approximately 10:54 p.m. on December 10, 1999, Wyoming State Highway Patrol Officer N.M. Bisceglia clocked a semi-truck driven by Bryant at 95 mph in a posted 75 mph speed zone. As Officer Bisceglia turned onto the interstate to follow...

Wilks v. State - 7/3/2002
A jury convicted Ryan Wilks of second-degree murder for the shooting death of a Pizza Hut delivery woman. This case comes before us as a writ of review *fn2 of Mr. Wilks' judgment and sentence. He claims multiple evidentiary errors,...

Hankinson v. State - 6/6/2002
Our recitation of the facts pertinent to the resolution of the issue raised in this appeal need only be very brief. Hankinson and Lester Poague got drunk on July 25, 2000. They decided to go to the business owned by Daryl Coast (Coast) and...

Griffin v. State ex rel Wyoming Department of Transportation - 5/28/2002
At approximately 2:00 a.m. on July 3, 1999, Police Officer Hampton observed Griffin driving between sixty and seventy m.p.h. in a forty m.p.h. zone, and he observed the vehicle swerve and cross the center line. As a result, the officer...

O'Brien v. State - 4/24/2002
Appeal from the District Court of Campbell County The Honorable Dan R. Price II, Judge [ ] In this appeal, we primarily consider the instruction a jury should receive when considering whether the elements of aggravated assault...

Allen v. State - 4/2/2002
In December 1999, a jury found appellant, Jay C. Allen, guilty of two counts of aggravated vehicular homicide in violation of Wyo. Stat. Ann. § 6-2-106(b) (LexisNexis 2001), and the district court sentenced appellant to serve 150 to 240...

Lancaster v. State - 3/28/2002
In May 1999, James Lancaster (the appellant) and Monte Hanson (Hanson) lived in separate apartments in the Star Apartments in Casper. Hanson's friend, Dana Penn (Penn), often visited Hanson. On May 16, 1999, Hanson and Penn spent the day...

Hadden v. State - 3/15/2002
At about 2:30 a.m., on August 6, 1999, the victim of the instant crime burst into a convenience store located near the Outlaw Inn in Rock Springs. The attendant at the convenience store recognized the victim as someone she had seen before...

King v. State - 2/15/2002
On the morning of July 15, 1998, Sergeant Doug Matthews and Officer Rhett Groll arrived at an apartment in the South Valley Apartments in Evanston, to talk to appellant Victor King (King). The officers arranged for King to meet with a...

MTM v. LD - 2/14/2002
This appeal constitutes one more chapter in a saga that has been ongoing since 1992, involving the father, the Natrona County and the Sheridan County Departments of Family Services (DFS), *fn3 the minor child KJD, and the grandparents. KJD...

Kimsey v. Wyoming Department of Transportation - 1/30/2002
After a night out drinking, Kimsey arrived home in the early morning hours of February 27, 2000, to find a message on his answering machine informing him that his wife had been arrested and was being detained at the Cody Law Enforcement...

Mogard v. City of Laramie - 9/24/2001
Certified Question from the District Court of Albany County The Honorable Jeffrey A. Donnell, Judge [ ] The appellant, Bennie J. Mogard, was arrested in Laramie for driving while under the influence. Upon being advised of the...

Worcester v. State - 8/31/2001
Original Proceeding: Writ of Review [ ] Jeff Worcester filed a petition for writ of review based on four alleged errors committed by the justice of the peace court and affirmed by the district court. We granted his petition, and,...

Sampsell v. State - 2/2/2001
Appeal from the District Court of Laramie County The Honorable Edward L. Grant, Judge [ ] The only claim of error advanced by Quay Sampsell (Sampsell) in this appeal is that the district court committed an abuse of discretion and...

Smith v. State ex rel Wyoming Department of Transportation - 10/4/2000
Appeal from the District Court of Albany County The Honorable Jeffrey A. Donnell, Judge Appellant Eugene P. Smith III was arrested by Laramie Police Officer Charles Donnelly for driving while under the influence of alcohol....

Capshaw v. State - 9/29/2000
Appeal from the District Court of Natrona County The Honorable W. Thomas Sullins, Judge HILL, J., delivers the opinion of the Court; THOMAS, J., files a specially concurring opinion. Appellant, Gary Capshaw (Capshaw), was...

Delacruz v. State - 9/1/2000
Appeal from the District Court of Park County The Honorable H. Hunter Patrick, Judge In this appeal, the Appellant, Carlos H. Delacruz, who was convicted by a jury of possession of more than three grams of methamphetamine on...

Board of County Commissioners of Teton County v. Bassett - 7/25/2000
Appeals from the District Court of Teton County The Honorable D. Terry Rogers, Judge These appeals are from the judgment on a jury verdict against officers of the Wyoming Highway Patrol and the Teton County Sheriff's Department...

McChesney v. State - 10/20/1999
Appeal from the District Court of Campbell County: The Honorable Terrence O==Brien, Judge LEHMAN, C.J., delivered the opinion of the court. THOMAS, J., filed a Dissenting opinion in which KALOKATHIS, D.J., joined. Benjamin...

McCoy v. Crook County Sheriff's Dept. - 9/16/1999
Appeal from the District Court of Crook County: The Honorable Dan R. Price II, Judge Appellants appeal the decision of the district court dismissing their claims for peace officers' negligence and wrongful death on summary...

Farmer v. State - 9/9/1999
Appeal from the District Court of Campbell County Honorable Dan R. Price II, Judge Donald J. Farmer appeals from an order of the district court affirming the decision of the Department of Transportation (Department) suspending...

Wylie v. Wyoming Department of Transportation - 12/21/1998
Appeal from the District Court of Teton County Honorable D. Terry Rogers, Judge NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Second. Readers are requested to notify the Clerk of the...

Seeley v. State - 5/22/1998
Appellant, convicted for felony possession of cocaine, alleges several errors by the district court. First, appellant claims the State presented insufficient evidence to support his conviction. Appellant also contends he was unfairly...

Hermreck v. State - 3/24/1998
Appellant Kay Lynn Hermreck was convicted of aggravated assault and battery as a result of an accident in which, while driving under the influence of alcohol, she hit a child on a bicycle. On appeal, Hermreck claims that she was denied...

Barnes v. State - 1/8/1998
Appellant Russell Barnes received supervised, conditional probation and a deferred judgment and sentencing under WYO. STAT. § 7-13-301 for two counts of aggravated assault. After the State petitioned to revoke his probation, Barnes...

Parodi v. Wyoming Dept. of Transp. - 11/7/1997
For Wyoming drivers whose licenses have been suspended, Wyo. Stat. § 31-7-105(f) (1994) empowers the Wyoming Department of Transportation to grant limited driving privileges once in any five year period. Appellant urges us to read Wyo....

Brown v. State - 9/19/1997
Having entered a conditional guilty plea to one count of robbery pursuant to W.R.Cr.P. 11(a)(2), Terrice Brown appeals the district court's denial of his motion to suppress. We affirm. Brown states the following issues: ...

Marshall v. State - 6/25/1997
Campus police arrested Daniel Len Marshall off campus for driving while intoxicated. Marshall refused chemical testing and, as a result, the Wyoming Department of Transportation (DOT) suspended his license pursuant to Wyoming's implied...

Glasrud v. City of Laramie - 2/21/1997
Matthew Glasrud's (Glasrud) prosecution and conviction in municipal court for driving under the influence followed the administrative suspension of Glasrud's driver's license, eliciting double jeopardy concerns. In response to...

Kerns v. State - 6/25/1996
Appellant James William Kerns appeals his conviction and sentence for first degree murder. His appeal challenges jury selection, witness immunity, failure to disclose evidence, hearsay, and various prosecutorial actions during...

City of Casper v. Fletcher - 5/14/1996
The question raised in this case is whether a person charged with a violation of a city ordinance, which provides no jail time for conviction, is entitled to a trial by jury. The district court, in reversing respondent's conviction,...

Wayt v. State - 3/11/1996
Sentenced to not less than three years nor more than five years in the Wyoming State Penitentiary for the crime of burglary, appellant complains he was the victim of an illegal sentencing procedure and wants credit for time served on...

Johnson v. State - 2/22/1996
Certification from the District Court of Campbell County; Terrence L. O'Brien, Judge. The hearing examiner denied Appellant Susan Y. Johnson's claim for worker's compensation benefits on behalf of herself and her two...

Vit v. State - 1/5/1996
The major issue in this case related to the constitutionality of the Wyoming stalking statute, WYO. STAT. § 6-2-506 (Supp. 1993). After the appeal was filed, the constitutionality of the Wyoming statute was resolved in Luplow v. State;...

Jibben v. State - 8/10/1995
In these consolidated cases, we are asked to consider the authority of the State of Wyoming to commence or complete proceedings to revoke probation, pursuant to WYO. STAT. § 7-13-305(c) (June 1987), after the probationary term has...

World Mart - 6/21/1993
The essential issue presented by this Petition for Judicial Review of the Findings of Facts, Conclusions of Law and Order by the Wyoming Fair Employment Commission of the Department of Employment of the State of Wyoming...

Solis v. State - 5/12/1993
Appellant Antonio Solis appeals from the district court's order denying his motion to suppress statements he made to the police. Appellant, a Mexican national, claims that his statements should have been suppressed because he was...

Mcdonald v. Dept. of Revenue & Taxation - 2/5/1993
The threshold question presented in this case is whether a driver's record, maintained in an electronic database, then reproduced on paper in the form of an abstract and certified by the custodian as such, is admissible in an...

Glazier v. State - 12/22/1992
Appellant seeks review of his conviction for aggravated vehicular homicide under W.S. 6-2-106(b). He contends that the evidence was not sufficient to convict and that causation was not proven. He also argues that the statutory...

Goettl v. State - 11/30/1992
The only question presented in this case is whether law enforcement officers had probable cause to stop Edward E. Goettl (Goettl) and then to arrest him for possession of a controlled substance with intent to deliver and conspiracy to...

Wilson v. Office of Hearing Examiner - 11/9/1992
The appellant, Robert E. Wilson, asks us to review the district court's order in which it affirmed the hearing examiner's decision to deny the appellant's request for probationary privileges to drive commercial motor vehicles while his...

Rivera v. State - 10/30/1992
Rehearing Denied January 5, 1993. The primary issues in this case, emanating from convictions of sexual assaults on two minor girls, relate to the admissibility of evidence. Specifically, Kerry Rivera (Rivera) contends...

Phillips v. State - 6/11/1992
Rehearing Denied July 8, 1992. Everett Phillips challenges his convictions for conspiracy to commit kidnapping and conspiracy to commit sexual assault. His convictions for kidnapping and sexual assault which were the...

Buckles v. State - 4/16/1992
The major issue to be resolved in this case is whether a defendant, charged with aggravated vehicular homicide and aggravated driving under the influence, is entitled to have the jury instructed that it may consider the conduct of a...

Mcguire v. State - 4/17/1991
This appeal is from an order of the district court affirming a Department of Revenue and Taxation's (Department) report and decision suspending appellant Thomas McGuire's driver's license for one year, pursuant to W.S. 31-5-233 and...

Johnson v. State - 3/4/1991
Rehearing Denied March 27, 1991. In a jury trial in the Laramie County District Court, appellant Andrew J. Johnson was convicted of aggravated burglary and first degree sexual assault. The jury also found him to be a habitual...

Duffy v. State - 3/21/1990
The double jeopardy implications of separate sentences for aiding and abetting aggravated robbery and for conspiracy to commit burglary present the central issue in this case. Questions also are raised as to whether the sentences...

Nesius v. State Dept. of Revenue & Tax. - 3/15/1990
The appellant (Nesius) was arrested on the evening of February 4, 1988, for driving while under the influence (DWUI). At some point after his arrival at the jail that evening, Nesius was asked to take a breath test. He refused to take...

Miller v. State - 12/14/1989
Appellant, Lee Vincent Miller, seeks reversal of his conviction for aggravated assault and battery, contending that the district court erroneously admitted evidence concerning a 1983 felony conviction in Los Angeles for possession of...

Whitfield v. State - 10/26/1989
Tandem claims of abuse of discretion in imposing sentencing encompass the only issues in this appeal. Mark George Whitfield (Whitfield) first asserts that the trial judge refused to consider probation when imposing sentence, thereby...

Mclaughlin v. State - 9/27/1989
Just before 11:00 p.m., December 19, 1986, on Interstate Highway 25 near the McKinley Street exit, Casper, Wyoming, Robbyn Malone was killed when the speeding car from which she was ejected rolled over her head inflicting a massive...

Moreno v. State - 6/9/1989
Petitioner Louis L. Moreno, a self-employed mechanic, challenges a district court affirmance of the proposed suspension of his driver's license by the State of Wyoming. He argues that W.S. 31-7-105(d) (Cum.Supp. 1988), which denies an...

Nowack v. State - 5/9/1989
On June 5, 1986, while drunk, Everett Nowack operated a vehicle on the streets of Casper, Wyoming. He drove across the median of Poplar Street and ran head-on into another vehicle. That collision resulted in serious injuries to one of...

Blakeman v. State - 5/6/1988
ORDER DENYING PETITION FOR REVIEW ON WRIT OF CERTIORARI This case came on before the court upon the Petition For Review on Writ of Certiorari filed herein on behalf of the Petitioner, Clayton Blakeman, on April 6, 1988; and the...

Department of Revenue And Taxation v. Hull - 3/2/1988
A motor vehicle driver, stopped by a police officer for observed erratic driving, refused to take a blood-alcohol test. Suspension under the Wyoming implied-consent law as confirmed by an administrative hearing based on the state...

Stone v. State - 11/25/1987
On May 19, 1985, appellant Michael E. Stone shot and killed his mother. He was convicted of first degree murder and sentenced to life imprisonment. On appeal appellant raises five issues: I "Was it error to refuse to...

City of Casper v. Cheatham - 7/21/1987
The issue presented for our determination in this appeal is whether there is a right to a jury trial in municipal court upon a charge of driving while under the influence of intoxicating liquor (DWUI). Appellee was denied a jury...

Sandborn v. State - 4/10/1987
Appellant Michael Sandborn was convicted in county court of driving while under the influence of intoxicating liquor, in violation of § 31-5-233, W.S. 1977, and operating a motor vehicle without a valid driver's license, in violation...

Saldana v. State - 12/3/1986
Appellant Joe Saldana was convicted by a Park County jury of interference with a police officer, a crime proscribed by § 6-5-204(a), W.S. 1977 (June 1983 Replacement). He was sentenced to one year in the county jail. The single...

Huber v. City of Casper - 11/5/1986
Emerick Huber appeals convictions, affirmed by a district court acting as an intermediate appellate court, of violating a Casper city ordinance enjoining leaving the scene of an accident and failing to report an accident. Based on...

Frias v. State - 6/26/1986
Appellant Martin Frias was convicted, after trial to a jury, of second-degree murder in the shooting death of his girl friend, Ernestine Perea. We reverse. Appellant raises the following issues: "1. Whether the...

Dewald v. State - 5/23/1986
Rehearing Denied June 5, 1986. This is an appeal from a summary judgment granted the State of Wyoming and its employees in an action brought under the Wyoming Governmental Claims Act. The issues we must determine in...

Gomez v. State - 4/28/1986
The question of whether the prosecutor, during a trial of Elias Gomez for the offense of driving while under the influence of an intoxicating beverage, made a comment upon Gomez' exercise of his constitutional right of silence is the...

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