Wyoming’s DWI Implied Consent Laws and Breathalyzer, Blood, and Urine Tests

During a DUI (driving under the influence) investigation, an officer will normally request that the driver take a breath, blood, or urine test to determine the amount of drugs or alcohol in the driver's system. The results can be used by the prosecutor to prove a DUI in court.

Wyoming's Implied Consent Law Requires to Driver to Take a Breathalyzer, Blood, or Urine Test

Wyoming's "implied consent" law states that any person who operates a vehicle on a Wyoming highway is deemed to have given consent to a breath, blood, or urine test. However, a driver is required to submit to testing only if lawfully arrested for driving under the influence. (Wyo. Stat. Ann. § 31-6-102.)

Wyoming Doesn't Impose Penalties for Refusing DWI Testing

In the past, Wyoming's implied consent law imposed penalties for drivers who refused testing. However, in 2011, legislation took effect that did away with these penalties for most drivers. Instead, the legislation created a more streamlined method for officers to request a search warrant to obtain a blood sample. With a warrant, the officer can require (by force if necessary) drivers who refuse testing to submit to a blood draw.

Wyoming's Refusal Penalties for Commercial Drivers

However, a driver of a commercial vehicle can be disqualified from commercial operation for one year if he or she unlawfully refuses a chemical test. (Wyo. Stat. Ann. § 31-7-305.)

Talk to an Attorney

If you've been arrested for driving while intoxicated in Wyoming, you should get in contact with an attorney who can help. Wyoming's DWI laws are complicated and the penalties for a conviction are severe. Having a qualified attorney at your side is crucial.