DUI Laws in Wyoming (DUI)

Overview

Wyoming keeps every DUI offense through the third a misdemeanor, but the mandatory minimums climb fast: 7 days for a second offense within 10 years and 30 days for a third. The felony line is the fourth or subsequent offense within 10 years — up to 7 years in the state penitentiary (Wyo. Stat. § 31-5-233(e)) — and probation is not available at that tier. The state also uses a 10-year lookback period, requires a substance abuse assessment for offenders, and imposes escalating ignition interlock periods under § 31-5-233(f): 6 months for a first offense with BAC 0.15%+ (including deferred-prosecution cases), 1 year for a second, 2 years for a third, and lifetime after a fourth-plus conviction, with removal applications allowed only every 5 years. First-time offenders without a prior felony conviction can seek deferred prosecution under W.S. § 7-13-301, which can end in a dismissal without a conviction.

Official term: DUI

BAC Limits

Penalties by Offense

Felony threshold: 4th or subsequent offense within 10 years (§ 31-5-233(e)) — a felony even though a third offense is still a misdemeanor. Separately, DUI-caused death is a felony (aggravated homicide by vehicle, § 6-2-106) regardless of offense count. Lookback period: 10 years.

Additional Penalty Details

Implied Consent Law

Wyoming's implied consent law (Wyo. Stat. § 31-6-102) requires all persons driving or in actual physical control of a motor vehicle to submit to chemical testing (breath, blood, or urine) when a peace officer has probable cause to believe the person is DUI. The officer must inform the driver of the consequences of refusal and that the driver has the right to have additional independent testing performed at their own expense.

Refusal penalties: First refusal: 6-month license suspension (§ 31-6-107(a)(i)). Second or subsequent: 18 months — the longer period applies when the person has a prior DUI conviction or a prior refusal (§ 31-6-107(a)(ii)). During the suspension the person may be required to drive only vehicles equipped with an ignition interlock (§ 31-6-102). The refusal suspension is separate from and in addition to any suspension for a DUI conviction, and the refusal is admissible as evidence against the driver at trial. Police may also seek a search warrant for a blood draw after a refusal, and refusing a warranted test is a separate crime (2021 SF0005 amending § 31-6-102).

Aggravating Factors

DUI with Injury

Classification: Felony

DUI causing serious bodily injury is a separate felony under Wyo. Stat. § 31-5-233(h): a fine of $2,000 to $5,000 and/or up to 10 years in prison; a prior § 31-5-233(h) conviction raises the maximum to 20 years. The driver's license is revoked under § 31-7-127. DUI causing death is prosecuted as aggravated homicide by vehicle under Wyo. Stat. § 6-2-106(b): up to 20 years in prison plus license revocation, and — unlike other DUI revocations — no ignition-interlock restricted license is ever available after that revocation (§ 6-2-106(d)). Both charges are separate from and in addition to the underlying DUI charge. Restitution to victims is mandatory.

Underage DUI

Under Wyo. Stat. § 31-5-234, a driver under 21 with BAC of 0.02% or higher commits an offense even without proof of impairment: a first violation carries a fine of up to $750; a second within 2 years carries up to 30 days in jail; a third or subsequent within 2 years carries up to 6 months. Under-19 drivers also face license suspension under § 31-7-128(f). Under-21 records are confidential and expunged when the driver turns 21 (§ 31-7-128(k), (m)). If the BAC is 0.08% or higher, full adult DUI penalties apply. All underage offenders must complete a substance abuse assessment and comply with recommended treatment.

Diversion Programs

Program: Deferred Prosecution (W.S. § 7-13-301)

Wyoming law allows a court, with the consent of the defendant and the state, to defer further proceedings and place a person on probation for up to 36 months without entering a judgment of guilt (W.S. § 7-13-301). For DUI, this is available only for a first offense — the statute expressly excludes any second or subsequent violation of W.S. 31-5-233. If the person fulfills the terms of probation, the court discharges them and dismisses the proceedings; the discharge is without adjudication of guilt and is not a conviction for any purpose. A 6-month ignition interlock period applies under § 31-5-233(f).

Eligibility: First-offense DUI defendants with no prior felony conviction of any kind; requires the consent of both the defendant and the state. CDL holders and drivers of commercial motor vehicles charged with DUI offenses are excluded (§ 7-13-301(f)). Only one discharge and dismissal is allowed per lifetime.

How Long a DUI Stays on Your Record

A DUI conviction remains on your Wyoming criminal record permanently and on your driving record for at least 10 years. For sentencing enhancement purposes, Wyoming uses a 10-year lookback period to determine whether a new DUI is treated as a first, second, or third offense. Wyoming does not currently allow expungement of DUI convictions.

Key Statutes

Wyo. Stat. § 31-5-233

Primary DUI statute — offense tiers by count (felony at 4th+ within 10 years, subsection (e)), ignition interlock periods (f), injury offense (h), child passenger (m)

Wyo. Stat. § 31-6-102

Implied consent — chemical testing requirements and refusal consequences

Wyo. Stat. § 31-7-128

Suspension for DUI convictions — 90 days first / 1 year with a prior conviction within 10 years (b); registration suspension (c); financial responsibility (e); under-19 suspensions (f); under-21 records (k), (m)

Wyo. Stat. § 31-6-107

Refusal suspensions — 6 months for a first refusal, 18 months after a prior DUI conviction or prior refusal

Wyo. Stat. § 6-2-106

Aggravated homicide by vehicle — DUI causing death; no interlock-restricted license ever available after the revocation (d)

Wyo. Stat. § 7-13-301

Deferred prosecution — first-offense DUI eligible with consent; discharge and dismissal without a conviction

Related

DUI license recovery in Wyoming →