Wyoming DUI Laws: FAQ

What constitutes operating a vehicle under the influence of alcohol (DUI) in Wyoming?

You may be convicted of DUI in Wyoming if you are driving with a blood alcohol level (BAC) of 0.08 % or more; OR if you are under the influence of alcohol and/or drugs such that your mental or physical faculties have rendered you incapable of driving safely. Additionally, if your BAC is between 0.05-0.08 it can be used as evidence to demonstrate that you were unable to operate your vehicle safely.

What are the penalties for a DUI conviction in Wyoming?

Wyoming’s DUI Penalties are as follows:
1st Offense:

  • Misdemeanor,

  • Mandatory Alcohol Assessment (cost paid for by driver),

  • Fine: Maximum $750,

  • If BAC 0.15 or greater Mandatory Ignition Interlock Device installed in vehicle for 6 months, and

  • Jail Time: Up to 6 Months.

2nd Offense within 10 years:

  • Misdemeanor,

  • Mandatory Alcohol Assessment (cost paid for by driver),

  • Fine: $200-$750,

  • If BAC 0.15 or greater Mandatory Ignition Interlock Device installed in vehicle for 1 year, and

  • Jail Time: Minimum 7 days-6 months.

3rd Offense within 10 years:

  • Misdemeanor,

  • Mandatory Alcohol Assessment (cost paid for by driver),

  • Fine: $750-$3,000,

  • Probation,

  • If BAC 0.15 or greater Mandatory Ignition Interlock Device installed in vehicle for 2 years, and

  • Jail Time: Minimum 30 days-6 months (May be suspended/reduced to 15 days if you complete an outpatient program approved by the court).

4th Offense within 10 years:

  • Felony,

  • Fine: Up to $10,000,

  • Jail Time: Up to 2 years, and

  • If BAC 0.15 or greater Mandatory Ignition Interlock Device installed in vehicle for LIFE (may be suspended/reduced for good cause).

What are the penalties for a DUI incident that resulted in serious bodily injury in Wyoming?

If you caused serious bodily injury to another person while driving under the influence, you can face prison time ranging from six months to one year, and/or a fine of $2,000 - $5,000. A second conviction for DUI and causing serious bodily injury can result in up to 10 years in prison.

What are the penalties for refusing a Chemical Test under Wyoming DUI Law?

If you refuse a chemical sobriety test your license will be suspended on top of other penalties resulting from a potential DUI conviction. Your license will be suspended for six months for your first refusal offense and for 18 months for each subsequent refusal offense thereafter.

What can happen under Wyoming law if I refuse to take a chemical or field sobriety test when I am suspected of DUI?

As is the case in many states, if you refuse to take one or more of these tests, and are arrested as a result, you can face an additional charge for violation of Wyoming’s implied consent law, which provides that anyone who drives in the state has impliedly agreed to undergo testing if DUI is suspected. 

Can I get a probationary license if my license has been suspended for DUI in Wyoming?

You may be able to get a probationary license, based on your driver’s record, if it is your first conviction for DUI in Wyoming. However, you must undergo an assessment by an alcohol counselor before you are eligible for a probationary license. Additionally, if you have had more than one DUI conviction in the past five years, you will not be eligible for a probationary license during your driver’s license suspension period.

Speak to an Experienced Drunk Driving Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.

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