Wyoming DUI Laws

Driving under the influence (DUI) of alcohol or other substances is a common problem. It's also a dangerous choice. You risk harm to yourself, your passengers, and other motorists. Wyoming's DUI laws are strict to protect the public and impose stiff penalties for offenders.

The state of Wyoming's DUI laws are not strictly punitive. All DUI convictions require that you undergo a substance abuse assessment to get the appropriate treatment you may need.

Learn more about the DUI laws and penalties in Wyoming below.

Disclaimer: State laws constantly change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

Wyoming DUI Laws

Wyoming's DUI statute prohibits anyone from driving or being in actual physical control of a vehicle if:

• Your blood alcohol concentration (BAC) is 0.08% or greater
• You're impaired by alcohol, a controlled substance, or a combination of both to an extent makes it unsafe to drive

This language covers various incidents that can result in a DUI charge. The most familiar is the per se DUI terminology. A per se DUI means that your BAC is at or above the legal limit of 0.08%, or 0.04% if you are operating a commercial vehicle. The state doesn't need additional evidence of your impairment, only proof of your intoxication to this illegal degree and that you were driving or in actual physical control of a vehicle to convict you of a DUI.

The wording of the statute allows for your arrest if you are under the influence of alcohol or drugs, even if you are below the per se 0.08% limit. If your BAC is 0.05% but less than 0.08%, you can face arrest if the police officer has more evidence that you could not drive safely. This can include weaving, slurred speech, or difficulty walking.

Actual Physical Control

You don't have to be driving to face a DUI charge. Being in actual physical control of a vehicle can mean you have the keys to the vehicle, are in the driver's seat, or otherwise can drive the vehicle if you choose. There's no clear definition of what it means to have actual physical control. A judge will review the case and decide.

Implied Consent Law

During a DUI traffic stop, law enforcement will ask you to participate in field sobriety tests and chemical tests to determine if you're intoxicated.

Field sobriety tests are a series of actions that the police officer will ask you to perform. The results of these tests are probable cause for the officer to arrest you on a DUI charge. In Wyoming, you may refuse to perform field sobriety tests without consequence.

The officer can ask you to cooperate with chemical tests only after your arrest. Chemical tests may include blood, breath, or urine tests. These tests will confirm your BAC and look for controlled or intoxicating substances.

Under Wyoming's implied consent law, you have already consented to these tests by having a driver's license and using Wyoming roads. Law enforcement expects you to cooperate with chemical testing after your arrest. You may refuse chemical tests. However, the police officer may request a warrant to compel your cooperation and obtain the chemical test anyway.

DUI Penalties

Being arrested and convicted on a drugged or drunk driving charge carries many consequences and penalties. You will have criminal and administrative penalties to negotiate. The criminal justice system handles your criminal charges. The Wyoming Department of Transportation deals with administrative penalties.

Anyone convicted of a DUI must undergo a comprehensive substance abuse assessment before sentencing. The results of this assessment will impact your criminal sentence. A judge may order that you complete a substance abuse treatment program or be subject to sobriety monitoring.

Your first DUI conviction for an adult 21 or older with no aggravating factors is usually a misdemeanor. Possible sentencing can include:

• Up to six months of jail time
• Up to three years probation
• Fines up to $750
• Substance abuse assessment with recommended treatment

A second DUI conviction within 10 years increases the penalties you face. Your sentence may include:

• Jail sentence of a mandatory minimum of seven days, with six months possible
• A fine of $200 to $750
• Ignition interlock required for one year
• Substance abuse assessment with the recommended treatment
• Not eligible for probation

A third conviction in 10 years will increase your penalty to include:

• Mandatory 30 days in jail, with six months possible
• A fine of $750 to $3,000
• Ignition interlock required for two years
• Substance abuse assessment with the recommended treatment
• Not eligible for probation

A fourth and subsequent DUI conviction is a felony offense. You may need to take part in a substance abuse inpatient treatment program.

Aggravated DUI and Penalties

Certain circumstances will elevate your DUI to a more serious charge. Aggravating factors include:

• Excessively high BAC 0.15% or greater
• Transporting a minor age 16 or younger
• Causing serious bodily injury
• Reckless driving causing an accident
• Vehicular manslaughter or causing a death

Administrative Penalties

If you fail a chemical test by having a BAC of 0.08% or greater or by having a controlled substance in your test results, for a first offense, you lose your driver's license for 90 days, followed by an ignition interlock device requirement for an additional 90 days. This suspension is separate from any driver's license suspension you might receive upon conviction. A second offense within 10 years will see your license suspended for one year, with a required ignition interlock device installed in your motor vehicle.

You will apply for a restricted or probationary license as part of the IID program, which gives you limited driving privileges. You must complete your substance abuse assessment and DUI education courses before applying for a license and IID.

You have 20 days from the date of your arrest to request a hearing with the Wyoming Department of Transportation if you want to contest your driver's license suspension period.

Ignition Interlock Device

If convicted of a DUI in Wyoming, an ignition interlock device (IID) installation in your vehicle may be mandatory. IIDs require you to submit a valid breath sample by blowing into a tube before the car starts. If the IID detects alcohol in your sample, it will not allow your vehicle to drive.

Installation of an IID for the following DUI offenses:

• For a first offense with a BAC of 0.15% or higher, the IID requirement is for six months
• Second offense, required for one year
• Third offense, required for two years
• Fourth and subsequent offenses required IID for life, though you may appeal after five years

Zero Tolerance Law for Underage DUI

It's illegal for anyone under the age of 21 to consume alcohol. Wyoming has a zero-tolerance law for underage DUI. If your BAC is 0.02% or more, law enforcement can arrest you on a DUI charge.

You face penalties similar to an adult charge. The judge may impose a fine of up to $750, and 90 day license suspension for a first-time conviction. A second conviction could earn you up to 30 days in jail, a six-month license suspension, and an IID requirement.

Wyoming DUI Resources

• DUI Statute: Driving while under the Influence (Wyo. Stat. § 31-5-233)
• Implied consent to chemical testing (Wyo. Stat. § 31-6-102 et seq.)
• Drug, DUI, Veterans Court: Overview of Wyoming's drug court system, designed to help break the cycle of addiction and drug or alcohol offenses (Wyoming Dept. of Corrections)
• Ignition Interlock Program: Overview of Wyoming ignition interlock program and links to approved instillation companies (Wyoming Dept. of Transportation)
• Suspension/Ignition Interlock: Information on applying for an IID, restricted license, and related matters (Wyoming Dept. of Transportation)
• Requirements for Reinstating Your Driving Privilege: How to get your driver's license reinstated in Wyoming (Wyoming Dept. of Transportation)
• Certified Counselor and DUI Class Provider List: Information about DUI classes and treatment centers (Wyoming Dept. of Health)

Get Legal Help With Your DUI Case in Wyoming

Figuring out your next steps after an arrest for a DUI can be overwhelming. There are a lot of laws and requirements to navigate. Speaking with a DUI defense attorney can help you figure out your case and how to get the best outcome. An attorney can review your options and give you sound legal advice. Contact a DUI attorney in Wyoming today.