A DUI (driving under the influence) is considered a second offense in Wyoming if the driver has one prior conviction in the last ten years. The possible penalties for a second DUI conviction include jail time, fines, and license suspension. For the specifics of these penalties, continue reading below.
A second offense DUI is typically a misdemeanor. Generally, the judge will determine the penalties based on the limits and requirements set by statute. Prior to sentencing, the offender must obtain a substance abuse assessment, the results of which the judge can use in deciding what sentence to impose.
Jail. A conviction will result in seven days to six months in jail. After serving the minimum seven days, the offender is eligible for release on probation. However, failure to comply with court rules during this probation period can result in more jail time.
Fine. For a second DUI, the offender will be fined $200 to $750 (plus court costs and other fees).
24/7 program. The judge has the option of ordering the offender to participate in the "24/7 Sobriety Program" for up to one year. This program uses random alcohol testing, ignition interlock devices (IID), and electronic monitoring to ensure the offender stays sober during the probation period.
Vehicle. A convicted driver is required to maintain proof of financial responsibility (SR-22) for three years. If the prior offense occurred within the last two years, the driver's vehicle registration will be revoked for one year.
The convicted driver's license will be suspended for one year but driving options do exist.
Test failures. The Wyoming Department of Transportation (WYDOT) receives notice of when a driver fails an alcohol test with a blood alcohol concentration (BAC) of .08% or more. For a failed test, the WYDOT will suspend the driver's license administratively for 90 days.
Restricted licenses. Suspended drivers can immediately apply for a restricted license by paying a $125 fee. A restricted license authorizes the driver to operate a vehicle only with an installed IID. Participation in the 24/7 Sobriety Program may also be required.
IID requirement. Drivers must successfully complete one year with an installed IID before license reinstatement.
Repeat offenders face severe penalties when charged with a DUI. Consult with a qualified attorney about how best to handle your situation.