Wyoming's Drugged Driving Law

Learn about the laws and penalties for driving under the influence of drugs (DUID) in Wyoming.

Wyoming’s drugged driving law is located at Wyoming Statutes Annotated Section  31-5-233. It prohibits “Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

In other words, in Wyoming it’s a crime to drive while under the influence of a drug. No blood testing standard is established in Wyoming – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.

What drugs are prohibited?

Wyoming’s drugged driving law is directed at the prohibition of "Controlled substances" which includes: (A) Any drug or substance defined by W.S. 35-7-1002(a)(iv); (B) Any glue, aerosol or other toxic vapor which when intentionally inhaled or sniffed results in impairment of an individual's ability to drive safely; (C) Any drug or psychoactive substance, or any combination of these substances, capable of impairing a person's physical or mental faculties. (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.

What happens if a driver is convicted of drug impaired driving in Wyoming?

A driver arrested for drugged driving in Wyoming will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Wyoming’s DUI laws.

Do Wyoming drivers have to submit to drug testing?

Yes, there is an implied consent rule for blood, and urine testing. The refusal to take the test can be admitted into evidence against the driver.

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