How much do you have to drink (BAC*) for a DUI in Wyoming?
|
Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Wyoming?
Wyoming has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Wyoming’s implied consent law.
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
6 month license suspension |
18 month license suspension |
18 month license suspension |
What is the minimum jail time?
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
No minimum jail term required |
7 days jail |
30 days jail |
Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Wyoming?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Wyoming, but it's possible a lawyer may be able to create a plea bargain for you.
First Wyoming DUI Offense
1st Drunk Driving Conviction
- Jail – Up to 6 Months, or
- Fine – Up to $750, or Both
- License Suspension – 90 Days
- Ignition Interlock Device – 6 Months (Blood Alcohol Level .15 or Above)
- Substance Abuse Assessment
More Information: First Offense DUI in Wyoming
Important Note from the Editor
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Second Wyoming DUI Offense
2nd Drunk Driving Conviction
- Jail – From 7 Days to 6 Months
- Fine – From $250 to $750
- License Suspension – 1 Year
- Ignition Interlock Device – 1 Year
- Substance Abuse Assessment
More Information: Second Offense DUI in Wyoming
Third Wyoming DUI Offense
3rd Drunk Driving Conviction
- Jail – From 30 Days to 6 Months
- Fine – From $750 to $3,000
- License Suspension – 3 Years
- Ignition Interlock Device – 2 Years
- Substance Abuse Assessment
Other Possibilities
- Probation
- Inpatient Treatment Program
- Alcohol Education Program
More Information: Third Offense DUI in Wyoming
Fourth Wyoming DUI Offense
4th Drunk Driving Conviction
- Felony
- Jail – Up to 2 Years
- Fine – Up to $10,000
- License Suspension
- Ignition Interlock Device – Life (May Apply for Removal After 5 Years)
Other Possibilities
- Probation
- Inpatient Treatment Program
- Substance Abuse Assessment
- Alcohol Education Program
2010 Update on Wyoming DUI Penalties
Senate File 19 has been signed into law by the Governor of Wyoming. One of the notable changes in Wyoming DUI penalties is the number of years between offenses. In the past if you received a Second DUI Conviction within 5 years of a previous DUI conviction you would receive the more punitive Second DUI penalty. Beginning July 1st, 2010 that changes to 10 years from the previous conviction which extends by 5 years the more punitive measures between a first and second, second and third and so on.
2010 DUI Legislation Update
Read about new Wyoming DUI Legislation
Senate File 19 Passes Senate - Wyoming DUI Penalties
Read about new Wyoming Cell Phone and Text Messaging Legislation
2009 Update
Beginning July 1st, 2009 a new law makes ignition interlock devices mandatory for many drivers convicted of a DUI. If you are convicted for a 2nd DUI offense, an ignition interlock device will be required for a period of 1 year. A third DUI conviction will require a 2 year ignition interlock implementation. If you are convicted of a 4th DUI offense in Wyoming you receive a lifetime ignition interlock requirement. READ MORE.
Drinking and Driving Laws in Wyoming
Wyoming Drunk Driving and Wet Reckless Laws - Nolo.com
It is illegal in the State of Wyoming to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent limit is the standard measurement used throughout the United States for the "impaired" driver. The State of Wyoming has lower BAC limits for drivers under the age of 21 (.02) and drivers of commercial vehicles (.04). Wyoming's drunk driving law also includes driving under the influence of controlled substances such as marijuana, stimulants, barbiturates, inhalants and other intoxicants.
How many drinks does it take to reach the legal limit in Wyoming?
It is difficult to calculate how many drinks it takes to reach the .08
percent BAC limit. There are many factors that contribute to an
individuals BAC level including weight, sex, body-fat percentage and
the time interval between drinks. There are charts and calculators that
can serve as a reference, however these tools do not take into
consideration all variables that contribute to a BAC score. Some
studies have show that a persons BAC could go up as much as .05 percent
for each drink taken. The fact is it takes very little alcohol to
become legally drunk and each drink taken is a another step closer to
becoming an "impaired" driver.
The best answer is not to drink and drive . The State of Wyoming has strict laws for drunk driving, and when you drink and drive in Wyoming, you risk your freedom, finances and your future.
The first time you are arrested and convicted of drunk driving in the State of Wyoming your drivers license will be suspended for 90 days. You will also face up to 6 months in jail and a fine up to $750. The court will also order you to receive a substance abuse assessment prior to sentencing at your own expense.
The second time you are convicted of a DUI in Wyoming within 5 years of a previous conviction, you will serve a minimum of 7 days in jail or, up to 6 months in jail. You will be ordered to receive a substance abuse assessment conducted by a substance abuse provider that is certified by the department of health prior to sentencing at your own expense. You will also be fined up to $750 and your license will be suspended for a period of 1 year. You may be ordered to install an ignition interlock device on your vehicle at your own expense. New 2009 - If you are convicted for a 2nd DUI offense, an ignition interlock device will be required for a period of 1 year.
A 3rd conviction for a DWUI in the State of Wyoming within 5 years of a previous conviction you will serve a minimum of 30 days in jail or, up to 6 months in jail. 15 days of your jail time may be suspended if you complete an inpatient treatment program approved by the court. You will be ordered to receive a substance abuse assessment conducted by a substance abuse provider that is certified by the department of health prior to sentencing at your own expense. You will also be fined from $750-$3,000 and your drivers license will be suspended for 3 years. You may be ordered to install an ignition interlock device on your vehicle at your own expense. . New 2009 - If you are convicted for a 3rd DUI offense, an ignition interlock device will be required for a period of 2 years.
A fourth conviction for a DWUI in the State of Wyoming within 5 years of a previous conviction is a felony. You may serve up to 2 years in jail and fined up to $10,000. you will be ordered to receive a substance abuse assessment conducted by a substance abuse provider that is certified by the department of health prior to sentencing at your own expense. You may be ordered to install an ignition interlock device on your vehicle at your own expense. New 2009 - If you are convicted for a 4th DUI offense, an ignition interlock device will be required for life. This may be petitioned after 5 years.
Drunk Driving Laws in Wyoming
State of Wyoming BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Wyoming
The implied consent law in Wyoming means that all drivers in the State of Wyoming agree to submit to a chemical test of their blood, breath or urine if an officer of the law believes that the driver of a motor vehicle is under the influence of drugs, alcohol or both. If you refuse to submit to such a test your drivers license will be suspended for 6 months on your first refusal and 18 months for subsequent refusals.
State of Wyoming Website - DUI Statutes
