Wyoming’s DUI Laws and Penalties

How Wyoming defines “driving under the influence” and the consequences of a conviction.

In Wyoming, you can get a DUI for driving or being in actual physical control of a motor vehicle:

Generally, the penalties are the same whether the DUI was based on BAC or actual impairment.

Wyoming DUI Penalties

The ranges of possible penalties are set by statute and generally depend on the number of prior offenses the driver has that occurred within the past ten years. All convicted offenders must complete an alcohol and drug evaluation and, based on the report and circumstances of the offense, the judge will determine proper penalties.

1st Offense

2nd Offense

3rd Offense

Jail

Up to 6 months

7 days to 6 months

30 days to 6 months

Fines

Up to $750

$200 to $750

$750 to $3,000

License Suspension

90 days

1 year

3 years

Ignition Interlock Device (IID)

6 months if BAC is .15% or more

1 year

2 years

After serving the minimum required jail sentence, the offender can be placed on probation for up to three years. This can include 24/7 sobriety monitoring, court supervision, and treatment. For third offenders, completion of inpatient treatment can reduce the required 30 days of jail time to 15 days.

Certain aggravating circumstances—like serious injuries caused to another person or passengers under the age of 16—will increase the possible penalties for a DUI conviction.

Driver’s License Penalties and Implied Consent

In Wyoming, a DUI can lead to two types of license suspensions: one resulting from the arrest and another resulting from a conviction. However, the two suspensions run concurrently. In other words, the suspensions overlap, so the driver doesn’t normally have to complete the two full suspension periods.

BAC Test Refusals

Like other states, Wyoming has an implied consent law that permits an officer to request a breath, blood, or urine sample to test for drugs or alcohol. But unlike other states, Wyoming does not impose any penalties for refusing a test. However, if the driver refuses, the officer will likely be able to get a warrant to obtain a blood sample—by force if necessary.

BAC Test Failures

If the driver submits to the breathalyzer or another test and produces a BAC of .08% or greater, the officer is supposed to seize the license and issue a 30-day temporary license. Unless a hearing is requested by the driver, the Department of Transportation will suspend the driver’s license for 90 days.

Probationary and Restricted Licenses

In most DUI cases the suspended driver can request a probationary or restricted license and regain some driving privileges during the suspension period.

Underage DUI

Drivers who are under the age of 21 and are caught driving with a BAC of at least .02% but less than .08% can be convicted of an underage DUI.

  • First offense. A first underage DUI carries a 90-day license suspension and up to $750 in fines.
  • Second offense. A second offense within a year of the first will result in a six-month license suspension, a one-year IID requirement, up to $750 in fines, and a maximum 30 days in jail.
  • Third offense. A third offense within two years of the priors will result in a six-month license suspension, a two-year interlock restriction, up to six months jail, and a maximum $750 in fines.

The judge can also order the underage offender to complete a substance abuse assessment and treatment.

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