A Complete Guide to Wyoming's DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Wyoming's DUI Laws: From First Offense to Felony Charges

Introduction

Wyoming's "Driving Under the Influence" (DUI) laws are stringent, carrying escalating penalties for repeat offenses and aggravating factors. While a first offense without aggravating circumstances is typically a misdemeanor with no mandatory minimum jail time, the consequences quickly become severe for subsequent offenses, involving mandatory jail time, significant fines, lengthy license revocations, and required participation in substance abuse programs and Ignition Interlock Devices (IIDs). DUI convictions in Wyoming remain on your record, and felony DUI convictions are permanent.

The General Framework of Wyoming DUI Laws

In Wyoming, it is illegal for any person to drive or be in actual physical control of a vehicle while:

"Per Se" DUI (BAC $0.08%$ or more): Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more. Evidence of actual impairment is not required for a "per se" conviction.
Impaired DUI: Under the influence of alcohol, a controlled substance, or a combination of both, to a degree that renders the person incapable of safely operating a motor vehicle. This applies even if the BAC is below $0.08%$ if impairment is evident.
BAC between $0.05%$ and $0.08%$ : While not a "per se" violation, a BAC in this range can be used as evidence to demonstrate that the driver was impaired and unable to safely operate their vehicle.

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Actual Physical Control: This broad definition means you can be charged with DUI even if the vehicle is not moving (e.g., asleep in the driver's seat with the keys in the ignition or the vehicle running).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more while operating a commercial vehicle.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more. If an underage driver's BAC is $0.08%$ or higher, they face adult DUI charges.

Implied Consent Law and Administrative Penalties

Wyoming has an implied consent law (W.S. 31-6-102). By operating a motor vehicle on public roads, you are deemed to have given your consent to a chemical test (breath, blood, or urine) to determine the alcohol or drug content in your system if lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful DUI arrest triggers automatic administrative license suspension by the Wyoming Department of Transportation (DOT), separate from any criminal conviction for DUI. The refusal itself is also a violation and can be used as evidence against you in court.

First refusal: 6-month license suspension.
Second or subsequent refusal: 18-month license suspension.

You have 20 days from the date of your arrest to request an administrative hearing with the Wyoming Office of Administrative Hearings to contest the license suspension. If you fail to request a hearing or if the suspension is upheld, your license will be suspended.

Wyoming DUI Statistics

Wyoming consistently ranks among the states with higher DUI arrest rates per capita, often attributed to its rural nature and reliance on personal transportation.

In 2024, Wyoming had approximately 3,740 DUI arrests, which translates to a high rate of 643.5 DUI arrests per 100,000 residents.
The state averages around 1,100 alcohol-involved crashes annually over the past decade.
More than 50 people in Wyoming die every year from alcohol-involved crashes.
The average BAC of people arrested for DUI in Wyoming is nearly double the legal limit.

Penalties for DUI in Wyoming

Wyoming uses a 10-year "look-back" period for determining if a DUI offense is a repeat offense for enhanced penalties. This means any prior DUI conviction within the past 10 years will count towards classifying a subsequent offense. A felony DUI conviction remains on an offender's criminal record for life, while a misdemeanor DUI conviction may be eligible for expungement after at least five years from the conviction date.

Mandatory Alcohol Assessment and Treatment: All DUI offenders are required to undergo a comprehensive substance abuse assessment. Based on the assessment, the court will mandate participation in a substance abuse treatment program or sobriety monitoring. The cost of this assessment and any recommended treatment is borne by the offender.

Ignition Interlock Device (IID): IIDs are frequently mandated, especially for higher BAC levels or repeat offenses. The offender is responsible for all costs associated with IID installation, maintenance, and removal. An IID may be required for life for a fourth or subsequent offense.

24/7 Sobriety Program: Wyoming has a 24/7 Sobriety Program, administered by the Attorney General, which allows offenders to avoid incarceration by maintaining sobriety and undergoing frequent alcohol and/or drug testing (e.g., twice daily breath tests). Violations result in immediate, brief incarceration. This program is often a condition of probation or a way to obtain limited driving privileges.

First Offense DUI (Misdemeanor)

Jail Time: Up to 6 months. (No mandatory minimum, unless aggravating factors).
- Mandatory minimum 5 days jail if BAC is $0.15%$ or greater.
Fines: Up to $750.
License Suspension: 90 days (administrative suspension by DOT for failing test). A probationary or restricted license may be available, often requiring an IID.
IID: Mandatory for 6 months if BAC was $0.15%$ or greater.
Alcohol Assessment & Treatment: Mandatory.

Second Offense DUI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 7 days, up to 6 months.
Fines: $200 to $750.
License Suspension: 1 year. (Not eligible for a probationary license during suspension).
IID: Mandatory for 1 year.
Alcohol Assessment & Treatment: Mandatory, often more intensive.
Probation: May be imposed, with possible 24/7 sobriety monitoring.

Third Offense DUI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 30 days, up to 6 months. (May be reduced to 15 days if an approved outpatient program is completed).
Fines: $750 to $3,000.
License Suspension: 3 years. (Not eligible for a probationary license).
IID: Mandatory for 2 years.
Alcohol Assessment & Treatment: Mandatory, typically comprehensive.
Probation: Often imposed, with mandatory 24/7 sobriety monitoring.

Fourth and Subsequent Offense DUI (within 10 years - Felony)

Prison Time: Up to 2 years in state prison.
Fines: Up to $10,000.
License Suspension: Indefinite/Permanent (though eligibility for appeal after 5 years).
IID: Mandatory for life, though this may be suspended/reduced for good cause after 5 years.
Alcohol Assessment & Treatment: Mandatory.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Other Significant Penalties:

DUI with Passenger Under 16: This is an aggravating factor that can increase penalties, potentially leading to increased jail time, fines, and longer license suspensions even for a first offense.
DUI Causing Serious Bodily Injury: Felony offense.
- First offense: 6 months to 1 year in prison, and/or a fine of $2,000 to $5,000.
- Second offense: Up to 10 years in prison.
Homicide by Vehicle (Causing Death): This can lead to severe felony charges with significant prison sentences (e.g., up to 20 years for aggravated vehicular homicide) and substantial fines.
Underage DUI (BAC $0.02%$ to $0.079%$ ):
- First offense: 90-day license suspension, fine up to $750, mandatory substance abuse assessment.
- Second offense within a year: Up to 30 days jail, 6-month license suspension, 1-year IID.
- Third offense within two years: Up to 6 months jail, 6-month license suspension, 2-year IID.
Driving While License Suspended/Revoked for DUI: Separate criminal offense with its own penalties, including potential jail time and further license suspension.
SR-22 Filing: Often required, leading to significantly higher auto insurance premiums.
Collateral Consequences: Beyond legal penalties, a DUI conviction can severely impact employment opportunities (especially for commercial drivers or those requiring security clearances), professional licenses, and international travel (e.g., entry into Canada).

Conclusion

Wyoming's DUI laws are serious, with rapidly escalating penalties for repeat offenses, including mandatory jail time, substantial fines, and lengthy license revocations. The state's 10-year look-back period ensures that prior convictions weigh heavily on subsequent charges. The emphasis on mandatory alcohol and drug assessments, IID installation, and the 24/7 Sobriety Program reflects a comprehensive approach to deterring impaired driving and promoting rehabilitation. Given the severe and lasting consequences of a DUI conviction in Wyoming, anyone facing such charges should immediately seek consultation with an experienced Wyoming DUI defense attorney to understand their rights, navigate the legal process, and work towards the best possible outcome.

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