Wyoming DUI Laws

Wyoming DUI law section 31-5-233 states that it is against the law for any person to drive a motor vehicle in the state of Wyoming while they are under the influence of alcohol or drugs with a blood alcohol concentration level of .08% or greater.

It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence. Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in the state of Wyoming.

It should also be noted that a person could still be arrested for driving under the influence in the state of Wyoming even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs.

When an officer stops someone on suspicion of DUI in Wyoming, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individual perform some field sobriety test (it is not required by law that you submit to the field sobriety tests. If an officer asks you to take the field sobriety test, just kindly refuse his request).

When an officer in Wyoming places you under arrest for a DUI offense he will confiscate your driver's license and issue you a "Notice of Suspension". You only have 20 days from the date of the Notice of Suspension in which to request a Contested Case Hearing with the Wyoming Office of Administrative Hearings if you wish to challenge the suspension of your driver's license.

Failure to request a hearing in writing to the Wyoming Office of Administrative Hearings within 20 days from the date of the issuance of your Notice of Suspension will result in the officer's suspension of your license being upheld and you will not be granted a hearing after this date. It is very important that you hire a Wyoming DUI lawyer who has experience when it comes to representing clients at administrative hearings if you hope to have any chance of having the suspension dismissed.

TIP: It's very important that you contact a Wyoming DUI lawyer to discuss your case. Scheduling an initial consultation is free and you'll get some good information about your options. Contact one of our Wyoming DUI lawyers today.

Wyoming First Offense DUI

A first offense DUI conviction in Wyoming is a Misdemeanor offense and carries the following penalties:

Jail time: A first offense conviction may result in a jail sentence of up to 6-months.

Fines: A first offense conviction may result in a fine of up to $750 plus all associated court costs.

Ignition Interlock: If your BAC level was .15% or more at the time of the chemical test you will be required to have an ignition interlock device installed on any vehicles you own and operate before you will be issued a probationary license or getting your license reinstated at the end of your suspension period. You will also have to have the ignition interlock installed for a period of 6-months from the date of conviction.

License Suspension: Your license will be suspended for 90-days following a first offense. You may be eligible for an Probationary License.

Before the Wyoming Department of Driver Services will reinstate your license following your suspension period or issue you an Probationary License you will be required to show proof of financial responsibility in the form of a Wyoming SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to Driver services.

Wyoming Second Offense DUI

A second offense DUI conviction in Wyoming is a Misdemeanor offense and carries the following penalties:

Jail time: A second offense conviction within 5-years of a previous offense will result in a minimum of 7-days in jail up to a maximum of 6-months in jail.

Fines: A second offense conviction will result in a minimum fine of $200 and the maximum fine is $750 plus all associated court costs.

Substance Abuse Program: You will be required to attend a State approved substance abuse program at your expense.

Ignition Interlock: If your BAC level was .15% or more at the time of the chemical test you will be required to have an ignition interlock device installed on any vehicles you own and operate before your license will be reinstated at the end of your suspension period. You will also have to have the ignition interlock installed for a period of 1-year from the date of conviction.

License Suspension: Your license will be suspended for 1-year following a second offense. Second time offenders will not be eligible for a probationary license.

Before the Wyoming Department of Driver Services will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of a Wyoming SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to Driver services.

Wyoming Third Offense DUI

A third offense DUI conviction in Wyoming is a Misdemeanor offense and carries the following penalties:

Jail time: A third offense conviction within 5-years of a previous offense will result in a minimum of 30-days in jail up to a maximum of 6-months in jail.

Fines: A third offense conviction will result in a minimum fine of $750 and the maximum fine is $3,000 plus all associated court costs.

Substance Abuse Program: You will be required to attend a State approved substance abuse program at your expense.

Ignition Interlock: If your BAC level was .15% or more at the time of the chemical test you will be required to have an ignition interlock device installed on any vehicles you own and operate before your license will be reinstated at the end of your suspension period. You will also have to have the ignition interlock installed for a period of 2-years from the date of conviction.

License Suspension: Your license will be suspended for 3-years following a third offense. Third time offenders will not be eligible for a probationary license.

Before the Wyoming Department of Driver Services will reinstate your license following your suspension period you will be required to show proof of financial responsibility in the form of a Wyoming SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to Driver services.

Wyoming Fourth or Subsequent Offense DUI

A fourth or subsequent offense DUI conviction in Wyoming is a Felony offense and carries the following penalties:

Jail time: A fourth or subsequent offense conviction within 5-years of a previous offense will result in a jail sentence of up to 2-years.

Fines: A fourth or subsequent offense conviction will result in a fine of up to $10,000 plus all associated court costs.

Substance Abuse Program: You will be required to attend a State approved substance abuse program at your expense.

Ignition Interlock: If your BAC level was .15% or more at the time of the chemical test you will be required to have an ignition interlock device installed on any vehicles you own and operate before your license will be reinstated at the end of your suspension period. You will also have to have the ignition interlock installed for the remainder of your life. You may file an appeal with the court to remove the IID after 5-years have passed.

License Revocation: Your license will be revoked for a period of time to be determined by the court following a fourth or subsequent offense. Fourth time offenders will not be eligible for a probationary license.

Before the Wyoming Department of Driver Services will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of a Wyoming SR22 insurance policy that meets the states minimum auto insurance liability coverage limits. You will also have to pay a license reinstatement fee to Driver services.

Wyoming CDL DUI Laws

A person operating a commercial motor vehicle in the state of Wyoming while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state's laws regarding CDL's and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an "out-of-service" notice and will not be allowed to drive for the next 24-hours.

Wyoming DUI Under 21 Years of Age

In Wyoming if you are under the age of 21 and stopped by an officer and found to have been drinking and driving with a blood alcohol concentration of .02% or greater your license will be suspended for 90 days for a first offense violation of the Wyoming "zero tolerance" law. A second offense violation will result in a license suspension period of up to 6-months if the second violations occurs within 2-years of the first offense.

You will be eligible for a probationary license as long as you have not been issued one within the past 5-years and this is a first offense DWUI. If you do not meet these qualifications you will have to wait until your suspension period is over before you will be able to legally drive.

If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense.

You will also be required to show proof of financial responsibility in the form of an Wyoming SR22 insurance policy before the Department of Licensing will reinstate your license.

Wyoming SR22 Requirements

Before the Wyoming Driver Services will reinstate your license following your suspension period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your Wyoming SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the Wyoming Driver Services of the lapse. If a lapse in coverage occurs, Wyoming Driver Services will immediately suspend your license and you will be required to re-file an SR22 form with the Department before they will issue you another license.

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Additional Wyoming Resources

Wyoming DUI Statute Note: Navigate to section 31-5-233 for the DUI laws.

Wyoming Driver Services

Ignition Interlock Program

Probationary License Information

Driver's License Suspension Overview

Driver's License Reinstatement Process

Wyoming Substance Abuse Programs