DUI and Child Endangering

Under Wyoming law, your husband did not have to be driving in order to be cited for a DUI.  The applicable statute reads in part, "No person shall drive or have actual physical control of any vehicle within this state if the person" is intoxicated.

In your husband's situation he was standing next to the car with the keys.  It will be argued that by doing so he was "in actual physical control" of his car.  And the fact that your young son was with him will enhance the penalties for this offense if your husband is found guilty of the charge. 

You need to get an attorney to represent him, preferably one who specializes in these type cases.  Wyoming DUI laws are some of the toughest in the country.  In fact, there are even anti-plea bargaining laws, which mean that prosecutors are not allowed to reduce or dismiss a DUI charge without filing a motion in open court indicating that there is insufficient evidence to proceed.  

An experienced DUI attorney can fight the charges.  This is a highly technical are of the law and if proper procedures were not followed or your husband's rights were violated in some way the charges can be thrown out.  Even if they are not dismissed possibly they can be reduced.  The fact that this is your husband's first DUI will be of some help but remember the child endangerment aspect will maximize penalties for the DUI charge, as well as constitute a separate charge to be defended against. 

As it stands now, among other things, your husband is facing incarceration and hefty fines.