DUI Laws in Wyoming (DUI)

Wyoming uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 3rd offense within 10 years. Below are the full details of Wyoming's DUI laws and penalties.

Last updated: 2026-03-27

Overview

Wyoming, despite its rural character and relatively small population, maintains strict DUI enforcement with penalties that escalate quickly for repeat offenders. The state uses a 10-year lookback period and classifies a third DUI as a felony carrying up to 5 years in prison. Wyoming is notable for its mandatory substance abuse assessment requirement for all DUI offenders and its relatively low BAC threshold for enhanced penalties at 0.15%. The state also lacks a formal pretrial diversion program for DUI cases, making conviction the standard outcome. Wyoming requires ignition interlock devices for repeat offenders and offers a limited restricted license option for first-time offenders.

Official term: DUI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.15%

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor	Up to 6 months (no mandatory minimum for standard first offense)	Up to $750	90 days	Not required for standard first offense; may be ordered at court discretion or as condition for restricted license
2nd Offense	Misdemeanor	7 days to 6 months (mandatory minimum 7 days; at least 5 days cannot be suspended or converted)	Up to $750	1 year	Required for 1 year as condition of restricted license (if eligible)
3rd Offense	Felony	Up to 5 years in state prison (mandatory minimum 30 days; at least 30 days cannot be suspended)	Up to $10,000	3 years	Required for 2 years upon any license reinstatement
Felony	Felony	Up to 5 years in Wyoming State Penitentiary (mandatory minimum 30 days that cannot be suspended)	Up to $10,000	3 years; may face longer revocation for subsequent felony DUI	Required for 2+ years upon any license reinstatement

Felony threshold: 3rd offense within 10 years. Lookback period: 10 years.

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	May be ordered as condition of probation	Up to 6 months supervised or unsupervised probation	Mandatory substance abuse assessment; completion of recommended education/treatment program required for license reinstatement
2nd Offense	May be ordered as condition of probation; commonly 100+ hours	Up to 1 year supervised probation	Mandatory substance abuse assessment and completion of recommended treatment program
3rd Offense	As ordered by the court	Up to 5 years supervised probation; strict conditions	Court-ordered intensive substance abuse treatment program; may require residential treatment
Felony	As ordered by the court	Up to 5 years supervised probation with intensive monitoring	Mandatory intensive substance abuse treatment program; residential treatment may be required

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 (in addition to any DUI suspension). Second or subsequent refusal: 18-month license suspension. Refusal is admissible as evidence against the driver at trial. The refusal suspension is separate from and in addition to any suspension imposed for a DUI conviction. No restricted license is available during a refusal suspension.

Aggravating Factors

Factor	Impact
BAC of 0.15% or higher	Enhanced penalties at court discretion; may affect plea negotiations and sentencing recommendations
Passenger under 16 in the vehicle	Enhanced penalties; potential child endangerment charges under separate statutes
DUI causing serious bodily injury	Aggravated assault charge — felony with up to 10 years in prison
DUI causing death (Vehicular Homicide)	Felony vehicular homicide — up to 20 years in prison under Wyo. Stat. § 6-2-106
Driving on a DUI-suspended license	Separate misdemeanor charge with mandatory jail time and extended suspension

DUI with Injury

Classification: Aggravated Assault / Vehicular Homicide — Felony

DUI causing serious bodily injury may be charged as aggravated assault (Wyo. Stat. § 6-2-502) — felony with up to 10 years in prison. DUI causing death is charged as vehicular homicide (Wyo. Stat. § 6-2-106) — felony with up to 20 years in prison. Both charges are separate from and in addition to the underlying DUI charge. Restitution to victims is mandatory.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with BAC of 0.02% or higher face a zero tolerance violation: 90-day license suspension for first offense. If the minor's BAC is 0.08% or higher, they face standard adult DUI charges with all corresponding penalties. All underage offenders must complete a substance abuse assessment and comply with recommended treatment. A second underage violation results in a 6-month suspension.

Diversion Programs

Wyoming does not currently offer a formal DUI diversion program. Wyoming does not have a statewide formal pretrial diversion program for DUI offenses. DUI cases are prosecuted through standard criminal channels. Some counties may have informal arrangements or drug court programs that accept DUI cases involving substance dependency, but these are not standardized or guaranteed. The mandatory substance abuse assessment requirement serves as a treatment component but is not an alternative to prosecution.

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: Driving or having control of vehicle while under influence — primary DUI statute
Wyo. Stat. § 31-6-102: Implied consent — chemical testing requirements and refusal consequences
Wyo. Stat. § 31-7-128: License suspension and revocation provisions for DUI offenses
Wyo. Stat. § 31-7-401: Ignition interlock device requirements for DUI offenders
Wyo. Stat. § 6-2-106: Vehicular homicide — DUI causing death
Wyo. Stat. § 6-2-502: Aggravated assault — may apply to DUI causing serious bodily injury

Frequently Asked Questions

What is the penalty for a first DUI in Wyoming?

A first DUI in Wyoming is a misdemeanor carrying up to 6 months in jail (no mandatory minimum for standard BAC), fines up to $750, a 90-day license suspension, and a mandatory substance abuse assessment with completion of recommended education or treatment. Many first offenders receive probation rather than jail time. License reinstatement requires completion of the substance abuse assessment recommendations and payment of reinstatement fees.

When does a DUI become a felony in Wyoming?

A DUI becomes a felony in Wyoming on the third offense within 10 years. A felony DUI carries up to 5 years in prison, fines up to $10,000, a 3-year license suspension, and mandatory intensive substance abuse treatment. DUI causing death (vehicular homicide) is always a felony with up to 20 years in prison, regardless of prior offenses.

How long does a DUI stay on your record in Wyoming?

A DUI conviction stays on your Wyoming criminal record permanently. For sentencing enhancement purposes (determining second or third offense status), Wyoming uses a 10-year lookback period. DUI convictions remain on your driving record for at least 10 years. Wyoming does not currently allow expungement of DUI convictions.

What happens if you refuse a breathalyzer in Wyoming?

Refusing a chemical test in Wyoming results in an automatic license suspension: 6 months for a first refusal and 18 months for a second or subsequent refusal. These suspensions are in addition to any DUI-related suspension. No restricted license is available during a refusal suspension. The refusal is also admissible as evidence against you at trial.

Can you get a restricted license after a DUI in Wyoming?

Wyoming offers limited restricted driving privileges for some DUI offenders. A restricted license may allow driving to work, school, and treatment programs during the suspension period. Eligibility depends on the offense level, BAC, and whether the suspension was for a test refusal (no restricted license available for refusals). An ignition interlock device may be required as a condition of restricted driving.

How much does a DUI cost in Wyoming?

A first DUI in Wyoming typically costs $4,000 to $12,000 when factoring in court fines (up to $750), attorney fees ($2,000–$6,000), substance abuse assessment ($100–$300), treatment program costs ($200–$2,000+), insurance increases (SR-22 required), license reinstatement fees ($50), potential IID costs ($70–$150/month if ordered), and lost wages from court appearances.

Is there a mandatory jail sentence for a second DUI in Wyoming?

Yes. A second DUI in Wyoming within 10 years carries a mandatory minimum of 7 days in jail, with at least 5 days that cannot be suspended or converted to alternative sentencing. The maximum sentence is 6 months, with fines up to $750, a 1-year license suspension, a mandatory ignition interlock device for 1 year, and mandatory substance abuse treatment.

What is Wyoming's implied consent law?

Wyoming's implied consent law (Wyo. Stat. § 31-6-102) means that by driving on Wyoming roads, you automatically consent to chemical testing if an officer has probable cause to believe you are driving under the influence. You do have the right to request additional independent testing at your own expense. However, refusing the officer's test triggers an automatic license suspension separate from any DUI penalties.

Related Guide

DUI license recovery in Wyoming→

Step-by-step guide to getting your license back after a DUI in Wyoming — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

Wyoming DOT — Driver Services
Wyoming Department of Transportation — license reinstatement, suspension, and DUI-related driver services.
Wyoming DUI Statutes — Official Code
Full text of Wyoming Title 31 covering motor vehicle offenses including DUI statutes.
Wyoming State Bar — Lawyer Referral
Wyoming State Bar lawyer referral service to find DUI defense attorneys.
Wyoming Legal Aid — Free Legal Help
Legal Aid of Wyoming — free legal assistance for qualifying individuals in Wyoming.

DUI license recovery in Wyoming →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Wyoming's statutes or consult a qualified DUI attorney in Wyoming.

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