Wyoming DUI Deferred Prosecution: How W.S. § 7-13-301 Works

What Deferred Prosecution Actually Does

Wyoming Statute § 7-13-301 gives first-time offenders a path to criminal charge dismissal. Here's how it works: you enter a guilty plea, but the court holds off on entering a judgment of guilt. Instead, the judge places you on probation under specific conditions. Complete the probation successfully, and the court dismisses the criminal charge entirely.

The result is significant — the criminal charge is dismissed and no conviction is entered for this offense. For employment, housing, and background check purposes, a dismissed charge is substantially better than a conviction.

Who's Eligible

Deferred prosecution under W.S. § 7-13-301 is available to defendants who:

• Have no prior felony convictions
• Have not previously received a deferred prosecution in Wyoming
• Are charged with a misdemeanor (which includes standard first-offense DUI)

The county prosecutor and the judge both have to agree to the deferral. It's not automatic — you or your attorney must request it, and the prosecutor can object. Factors that influence the decision include your BAC level, whether anyone was injured, your cooperation with law enforcement, and your overall criminal history.

Probation Conditions

When the court grants a deferral, the probation conditions typically mirror what you'd face after a conviction:

• Completion of a substance abuse evaluation (ASI assessment)
• Enrollment in the recommended treatment or education program
• Attendance at a Victim Impact Panel
• No new criminal charges during the probation period
• Random drug and alcohol testing
• Regular reporting to a probation officer
• Payment of all court costs and fees

Probation terms typically run 1 to 3 years. Any violation — a new arrest, a failed drug test, a missed appointment — can result in the court revoking the deferral and entering the conviction.

The Critical Limitation: It Doesn't Touch Your License

This is the part that catches people off guard. A deferred prosecution under W.S. § 7-13-301 dismisses the criminal charge, but it has absolutely no effect on the separate WYDOT administrative license suspension.

The administrative track runs independently of the criminal court. WYDOT processed your suspension based on your chemical test result or refusal — not based on whether you were convicted. A criminal dismissal doesn't lift, shorten, or modify the administrative suspension in any way.

Your driving record at WYDOT still shows the administrative action. This record:

• Remains on your official WYDOT driving history
• Is separate from the criminal court record
• Is not erased when the criminal charge is dismissed

The 10-Year Lookback Wrinkle

Even with a deferred prosecution, a later DUI conviction within the 10-year statutory lookback can trigger enhanced repeat-offense penalties. The lookback determines whether a prior conviction counts for penalty enhancement. A dismissed charge under § 7-13-301 does not become a conviction, and it does not erase the separate administrative history.

This means deferred prosecution is genuinely a one-time opportunity. A later conviction within the decade can be treated as a repeat offense with enhanced penalties, regardless of how the first case resolved.

Deferred Prosecution and CDL Holders

Commercial driver's license holders face a specific exclusion. A deferred prosecution does not prevent the mandatory 1-year CDL disqualification under W.S. § 31-7-305. The criminal disposition, including a deferral, doesn't change it.

Is Deferred Prosecution Worth Pursuing?

For most first-time offenders, yes. The practical benefits of avoiding a criminal conviction — cleaner background checks, better employment prospects, no misdemeanor on your record — outweigh the limitation of the administrative track proceeding anyway.

But it's important to understand what you're getting. Deferred prosecution is a criminal court outcome. It doesn't eliminate the need to deal with WYDOT, serve your administrative suspension, get restricted driving credentials, or file SR-22 insurance.

Our Wyoming First-Offense DUI Guide walks through the deferred prosecution pathway alongside the administrative track, showing exactly how the two timelines intersect and where each one requires separate action.

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