Wyoming DUI Laws: Guide to Drunk Driving Charges and Penalties

Getting Started

Wyoming enforces rigorous penalties for impaired driving, emphasizing long-term consequences for repeat offenses. With a 10-year lookback period, prior offenses stay relevant much longer than in many other states.

Being arrested for a DUI in Wyoming initiates two separate processes: an administrative procedure through the Wyoming Department of Transportation (WYDOT) that affects your driving privileges and a criminal case in the court system that determines legal penalties. This guide will walk you through what to expect if you get a DUI in Wyoming.

Definitions to Know

Wyoming Department of Transportation (WYDOT)

The Wyoming Department of Transportation handles the administrative aspects of DUI cases, including license suspensions, revocations, and reinstatements. WYDOT is responsible for processing Record Review requests when drivers apply for probationary licenses. They also oversee the Ignition Interlock Program, ensuring drivers comply with device installation requirements before regaining their driving privileges.

Steps to Take After DUI Arrest in Wyoming

1. Consult an Attorney

   Legal counsel can guide you through both administrative and criminal processes specific to Wyoming.

2. Request an Administrative Hearing

   You have 20 days from the date of your arrest to request a contested hearing with the Office of Administrative Hearings to challenge your license suspension.

3. Install an Interlock Device

   Mandatory for first offenses with a BAC of .15% or higher, and for all second or subsequent offenses.
   Explore IIDs

4. File an SR-22 Form

   If required, file an SR-22 through your auto insurance company with WYDOT.

5. Complete Substance Abuse Assessment

   You must undergo an evaluation by a certified substance abuse counselor. This is required for license reinstatement.

6. Pay Fines and Fees

   Court fines are separate from the reinstatement fees and record review fees paid to WYDOT.

7. Apply for a Probationary or Restricted License

   Depending on your BAC and history, you may be eligible to drive with a Probationary License or an Ignition Interlock Restricted License.

8. Complete Required Education or Treatment Program

   Drivers convicted of a first-time DUI typically must complete a substance abuse education or treatment program based on their assessment results.

9. Attend Court Proceedings

   Your criminal case will proceed through the court system independently from WYDOT actions.

10. Serve Probation

    If granted a deferred prosecution or probation, you must adhere to strict terms to avoid jail time.

11. Avoid Further Violations

    Any new violation while on a probationary or restricted license can result in immediate revocation.

DUI Laws in Wyoming

What Are the Legal Driving Alcohol Limits in Wyoming?

Wyoming law establishes specific blood alcohol concentration (BAC) thresholds. If chemical testing reveals you are at or above these limits, you are considered legally  intoxicated.

Felony vs Misdemeanor DUI Charges

In Wyoming, DUI charges can be classified as either misdemeanors or felonies depending on your driving history and the circumstances of the arrest:

A DUI is typically charged as a misdemeanor for first, second, and third offenses within a 10-year period.

• First Offense: Up to 6 months jail, $750 fine.
• Second Offense: Mandatory 7 days jail, up to $750 fine.
• Third Offense: Mandatory 30 days jail, up to $3,000 fine.

A DUI becomes a felony in Wyoming under these circumstances:

• Fourth or subsequent DUI offense within 10 years.
• DUI causing serious bodily injury.
• Vehicular homicide resulting from impaired driving.

First felony DUI convictions (4th offense) carry penalties of up to 7 years in state prison, fines up to $10,000, and multi-year license revocation.

What Are Drunk Driving Diversion Programs in Wyoming?

Wyoming utilizes statutory provisions, which allows for deferred prosecution. This is a one-time opportunity for eligible drivers charged with a first-time DUI. If the court grants this deferral, you are placed on probation without a judgment of guilt being entered. If you successfully complete the probation terms (which usually include a substance abuse assessment and sobriety), the charge is dismissed and does not result in a conviction. However, the arrest remains on your record, and the deferral still counts as a prior offense if you get another DUI in the future.

Refusing a Chemical Test Under Wyoming DUI Law

Wyoming operates under implied consent law. By driving on Wyoming roads, you implicitly agree to chemical testing if arrested for suspicion of drunk driving. Refusing a DUI test leads to a license suspension, a required ignition interlock if applying for a restricted license, and the refusal can be used as evidence in court.

• First Refusal: 6-month suspension
• Second Refusal: 18-month suspension

Note: Officers can obtain a search warrant for a blood test even if you refuse, potentially leading to both refusal penalties and DUI penalties.

DUI Penalties & Consequences

Penalties for DUI Offenses in Wyoming

Penalties for DUIs in Wyoming become progressively more severe with each conviction within the 10-year lookback period:

Aggravating Factors That Increase Wyoming DUI Penalties

In Wyoming, these aggravating factors can lead to elevated charges and harsher sentences:

• High BAC Levels: A BAC of .15% or higher triggers a mandatory 6-month ignition interlock requirement even for a first offense and generally disqualifies you from a standard probationary license.
• Child in Vehicle: Driving under the influence with a child under 16 in the vehicle can result in up to 1 year in jail for a first offense (instead of 6 months) and 5 years for a second offense.
• Serious Bodily Injury: Causing serious injury while impaired carries fines of $2,000–$5,000 and up to 10 years in prison.

Driving Without a Valid License

Driving with a suspended license in Wyoming after a DUI is a serious offense. If caught, you face:

• Mandatory Jail: Minimum 7 days, up to 6 months
• Fines: $200 to $750
• Extended Suspension: An additional year of suspension is typically added to your existing term

License Suspension

Who Determines if You Can Continue Driving After a DUI

In Wyoming, two separate entities determine driving privileges:

Criminal (Courts): Courts may order license suspensions as part of a sentence. However, time served under the administrative suspension is usually credited toward the court-ordered suspension. 

Administrative (WYDOT): The Department of Transportation handles administrative per se suspensions. This happens automatically if you fail a chemical test (BAC .08%+) or refuse one. This process is independent of the court case.

How Long Will Your License Be Suspended?

Getting your license suspended in Wyoming means you cannot legally drive unless you obtain a Probationary License or Ignition Interlock Restricted License.

Steps to Reinstate Your License

To reinstate your driving privileges in Wyoming after a DUI suspension:

1. Complete the suspension period (or apply for a restricted license)
2. Pay reinstatement fee(s)
3. Submit an SR-22 Certificate of Insurance (required for 3 years)
4. Provide proof of completion of a substance abuse assessment (and treatment if recommended)
5. Pass a driver’s license exam (if license expired or was revoked)

Ignition Interlock Restricted License (IIRL)

If you are not eligible for a Probationary License (due to high BAC or prior offenses), you may apply for an IIRL. This allows you to drive legally provided an interlock device is installed. Eligibility generally applies to:

• First offenders with BAC .15% or higher
• Second and subsequent offenses
• Drivers who refused chemical testing (after serving 45 days of suspension)

How to Apply for a Restricted Driver’s License

For a Probationary License:

1. Submit a Record Review Request to WYDOT with a $15 fee
2. Once approved, pay the $50 Probationary License fee
3. Visit a Driver Services exam station to be issued the license

For an Ignition Interlock Restricted License (IIRL):

1. Install an approved IID from a certified Wyoming provider
2. File an SR-22 form with WYDOT
3. Pay the reinstatement and restricted license fees
4. Apply at a local Driver Services office

Wyoming Ignition Interlock Device (IID) Requirements

Wyoming has strict IID requirements for high-risk drivers and those with multiple offenses. The device prevents the vehicle from starting if it detects alcohol on your breath.

Who Must Install an IID:

Key Requirements:

• You must use a state-certified installer
• You are responsible for all installation and monthly lease fees
• Circumventing or tampering with the device is a misdemeanor punishable by up to 6 months in jail and fine up to $750.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

Substance Abuse Evaluation and Treatment

Wyoming requires all drivers convicted of a DUI to undergo a Substance Abuse Assessment. This must be performed by a state-certified provider.

• First Offense: Often required to complete a substance abuse education or treatment program
• Multiple Offenses: Will likely be required to complete an intensive outpatient or inpatient treatment program based on the assessment results
• Reinstatement: Proof of assessment completion is required by WYDOT before your full license can be reinstated

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Wyoming

Sources

1. Wyoming Department of Transportation. (n.d.). Suspensions/Ignition Interlock. https://www.dot.state.wy.us/home/driver_license_records/suspensionsignition-interlock.html
2. Wyoming Legislature. (2024). Wyoming Statutes Title 31 Motor Vehicles. https://wyoleg.gov/statutes/compress/title31.pdf
3. Governor’s Council on Impaired Driving. (n.d.). Wyoming Laws. https://wygcid.org/wyoming-laws/
4. Justia. (2024). Wyoming Statutes § 31-5-233. https://law.justia.com/codes/wyoming/2024/title-31/chapter-5/article-2/section-31-5-233/
5. Wyoming Department of Transportation. (n.d.). Probationary Licenses. https://www.dot.state.wy.us/home/driver_license_records/suspensionsignition-interlock/probationay_licenses.html