Wyoming's DUI laws forbid a person from driving or being in actual physical control of a motor vehicle:
A driver is considered "under the influence" if deprived of the normal control of his or her bodily or mental faculties. 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.
The penalties for a DUI conviction are based on the circumstances of the current offense and number of prior DUI offenses the driver has that occurred within the last ten years.
|
Jail |
Up to 6 months |
7 days to 6 months |
30 days to 6 months |
|
Fines |
Up to $750 |
$200 to $750 |
$750 to $3,000 |
|
License Suspension |
90 days |
1 year |
3 years |
|
6 months with a BAC of .15% or more |
1 year |
2 years |
Treatment. All persons convicted of DUI must complete a substance abuse assessment. Based on these results, the court can order treatment or sobriety monitoring. In lieu 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.
Probation. The judge can place a DUI offender on probation for up to three years.
Aggravating factors. A driver who causes a serious bodily injury accident can be convicted of a felony and subject to $2,000 to $5,000 in fines, a three-year license revocation, and up to ten years in jail. A second DUI involving serious injuries can result in up to 20 years in jail. An impaired driver who has a passenger under the age of 16 will also be subject to increased penalties. A conviction will result in up to one year in jail (five years for a second offense) and $750 in fines.
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.
Registration. If a driver has two convictions within two years, the DOT will suspend the driver's vehicle registration during the driver's license suspension.
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. If the driver wishes to contest the test failure, he or she can 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.
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. 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.
Probationary license. Offenders with no prior offenses in the last five years are immediately eligible for a probationary license. This license permits operation during the license suspension period but can be revoked for future violations.
Restricted license. All other suspended drivers can pay $125 and apply for an IID restricted license. This license permits limited operation during the suspension period but only with an installed IID.
While all drivers with a BAC of .08% can be convicted of DUI, drivers under 21 years old with a BAC of .02% to .08% can be prosecuted for an underage DUI. An underage DUI will not count as a prior DUI offense if the driver is convicted of a normal DUI in the future and is usually expunged after completion of probation.
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 six-month suspension, one-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.