Wyoming DUI Laws
A Wyoming DUI charge (also called DWUI) can be overwhelming. A conviction has potentially serious punishments, including jail, fines, license suspension, vehicle registration suspension, community service and more. However, a DUI arrest is not a conviction. A DUI attorney knows how to find evidentiary mistakes which may result in a reduction or dismissal of charges or a not guilty verdict. If you or someone you know has been charged with DUI, contact a DUI attorney to learn more.
Even if you are convicted, there are many things that a skilled attorney can do to help your situation. You may be able to get limited driving privileges based on "undue hardship." You may be allowed out of jail to attend work or school. Mandatory jail sentences (for repeat offenders) can be reduced with participation in an inpatient treatment program. If you are a first-time offender you may even be eligible (one time only) to participate in Wyoming's diversion program. Upon successful completion of the program (which generally involves six months of alcohol education and treatment) the offender's record is cleared. It is best to consult an attorney who can advise you about your situation and your options.
Each case has its own unique set of facts, and the laws are constantly changing. In fact, under a newly enacted Wyoming law, even if you refuse a chemical test a police officer may be able to get a warrant to draw your blood within minutes. If you have been arrested for DUI, you are strongly encouraged to contact an attorney who specializes in Wyoming DUI law.
Wyoming DUI/DWI (DWUI) Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Time to file for appeal: within approximately 20 days after DUI/DWI citation.
| Wyoming BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: approximately 20 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st and Subsequent Offenses | 90 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 90 days or 6 months license suspension, depending on prior convictions |
| Temporary License | Yes, for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 6 to 18 months license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | Up to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense | |
| License Suspension | 1 year (no conditional license) |
| Prison Term and Community Service | 7 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | 3 years (no conditional license) |
| Prison Term and Community Service | 30 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $750 to $3,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, National Conference of State Legislatures