Wyoming’s DUI Laws and Penalties for a Conviction

In Wyoming, driving under the influence (DUI) is a crime. The penalties you'll face for a DUI conviction generally depend on how many prior convictions you have within the past 10 years.

Wyoming's DUI Law

Wyoming's DUI laws forbid a person from driving or being in actual physical control of a motor vehicle:

• with a blood alcohol content (BAC) of .08% or greater, or
• while under the influence of any controlled substance or alcohol.

(Wyo. Stat. § 31-5-233 (2025).)

Under the Influence

Drivers are considered "under the influence" if deprived of the normal control of their bodily or mental faculties. (Goich v. State, 339 P.2d 119 (Wyo. 1959).)

In contrast, a BAC-based DUI (often called a "per se DUI") doesn't require proof of actual impairment. But the volume of alcohol necessary to reach .08% can differ for different people.

Actual Physical Control

A person can be convicted of DUI in Wyoming without driving a vehicle. Wyoming's DUI law requires only that a person have "actual physical control" of a vehicle for a DUI conviction. (Wyo. Stat. § 31-5-233 (2025).)

Wyoming defines "actual physical control" as "existing or present bodily restraint, directing influence, domination, or regulation of" a vehicle. In other words, a person in a position to put a vehicle in motion—such as sitting in the driver's seat with the keys in the ignition but the engine off—is in actual physical control of the vehicle. (Adams v. State, 697 P.2d 622 (Wyo. 1985).)

First DUI Penalties

A first DUI within 10 years is a misdemeanor and generally carries:

• up to 6 months in jail (up to 1 year if there's a passenger younger than 16)
• up to $750 in fines, and
• a 90-day license suspension.

(Wyo. Stat. §§ 31-5-233, 31-7-128 (2025).)

If the driver had a BAC of at least .15%, there's also a six-month ignition interlock device (IID) requirement. (Wyo. Stat. § 31-5-233 (2025).)

Second DUI Penalties

A second DUI within 10 years is a misdemeanor and generally carries:

• 7 days to 6 months in jail
• $200 to $750 in fines, and
• a 1-year license suspension.

(Wyo. Stat. §§ 31-5-233, 31-7-128 (2025).)

If a passenger younger than 16 is in the vehicle, the maximum jail sentence is 1 year. But, if it's the second time the driver has had a DUI with a child passenger, the maximum sentence is 5 years imprisonment. (Wyo. Stat. § 31-5-233 (2025).)

A second offense will also result in a one-year IID requirement. (Wyo. Stat. § 31-5-233 (2025).)

Third DUI Penalties

A third DUI within 10 years is a misdemeanor and generally carries:

• 30 days to 6 months in jail
• $750 to $3,000 in fines, and
• a 3-year license revocation.

(Wyo. Stat. §§ 31-5-233, 31-7-127 (2025).)

If a passenger younger than 16 is in the vehicle, the maximum jail sentence is 1 year. But, if it's the second time the driver has had a DUI with a child passenger, the maximum sentence is 5 years imprisonment. (Wyo. Stat. § 31-5-233 (2025).)

A third offense will also result in a two-year IID requirement. (Wyo. Stat. § 31-5-233 (2025).)

Felony DUI Penalties

A DUI can be a felony if the driver has at least 3 prior convictions within the past 10 years or the current offense involves serious injuries or deaths.

Fourth or Subsequent DUI Conviction Is a Felony

When a driver has 3 or more prior convictions that occurred within the past 10 years, the next DUI (fourth or subsequent) will be a felony.

A fourth or subsequent DUI conviction carries up to $10,000 in fines and a maximum of seven years in prison. A fourth DUI conviction will also result in an IID requirement of 5 years to life. (Wyo. Stat. § 31-5-233 (2025).)

Felony Charges for DUIs Involving Injuries and Deaths

A DUI involving serious bodily injury is a felony and carries $2,000 to $5,000 in fines and a maximum of 10 years in prison. (Wyo. Stat. § 31-5-233 (2025).)

Causing the death of another person while driving under the influence is "aggravated homicide-by-vehicle." A conviction is a felony and carries up to 20 years behind bars. (Wyo. Stat. § 6-2-106 (2025).)

Substance Abuse Treatment Requirements

All persons convicted of DUI must complete a substance abuse assessment. Based on these results, the court can order treatment or sobriety monitoring. Instead of (or in addition to) the IID requirement, the judge can order participation in the 24/7 sobriety program. This program uses alcohol and drug monitoring systems to ensure around-the-clock sobriety for participants. The judge can also order inpatient treatment for third offenders, who will get up to 15 days of jail credit upon completion. (Wyo. Stat. §§ 7-13-1708, 31-5-233 (2025).)

DUI Probation

The judge generally can place a DUI offender on probation for up to three years. Probation allows the court to monitor the offender's compliance with the terms of the court's sentence. (Wyo. Stat. § 31-5-233 (2025).)

Administrative Sanctions and Refusal

Every DUI conviction and chemical test failure (a BAC of .08% or more) is reported to the Department of Transportation (DOT) and will result in a license suspension. However, if a driver receives more than one suspension, they can generally overlap. In other words, the driver won't have to complete both full suspension periods.

Vehicle Registration Suspension

If a driver has two convictions within two years, the DOT will suspend the driver's vehicle registration during the driver's license suspension. (Wyo. Stat. § 31-7-128 (2025).)

License Suspension for a Test Failure

If the driver submits to a breath, blood, or urine test and has a BAC of at least .08%, the officer is to immediately seize the driver's license and issue a 30-day temporary license. A driver who wishes to contest the test failure must submit a request for a hearing within 20 days of the arrest. Otherwise, the DOT will issue a 90-day suspension after the temporary license expires. (Wyo. Stat. § 31-6-102 (2025).)

License Suspension for Test Refusal

Like most states, Wyoming has an "implied consent" law. It states that all drivers are deemed to have given consent to a breath, blood, or urine test. (Wyo. Stat. § 31-6-102 (2025).)

Unlike other states, Wyoming has no penalties for refusing one of these tests. (However, a commercial vehicle operator can receive a one-year suspension for refusing a chemical test.) But officers can request a warrant to obtain a blood sample (by force if necessary) for drivers who refuse testing. (Wyo. Stat. §§ 31-6-102, 31-7-305 (2025).)

Underage DUIs

While all drivers with a BAC of .08% can be convicted of DUI, drivers younger than 21 years old with a BAC of .02% to .08% can also be prosecuted for an underage DUI. An underage DUI is a misdemeanor but won't count as a prior DUI offense if the driver is convicted of a normal DUI in the future. Underage DUIs usually are expunged after completion of probation. (Wyo. Stat. § 31-5-234 (2025).)

A first underage DUI violation will result in a $750 fine and a 90-day suspended license. A second offense within a year carries a 6-month suspension, a 1-year IID restriction, a maximum $750 fine, and up to 30 days in jail. A third offense within two years will result in a six-month license suspension, a two-year interlock restriction, up to six months in jail, and a maximum of $750 in fines. (Wyo. Stat. §§ 31-5-234, 31-7-128 (2025).)

Getting Help From a DUI Attorney

The consequences of a DUI conviction are serious. So, if you've been stopped for a DUI, you should get in contact with a qualified DUI attorney who can help you navigate the legal system.