DUI License Recovery in Wyoming
A first DUI in Wyoming with BAC under 0.15% means up to 6 months in jail, up to $750 in fines, and a 90-day license suspension. No IID is required unless your BAC was 0.15% or higher. You will need SR-22 insurance for 3 years and must pay a $50 reinstatement fee. A probationary (hardship) license is available to drive to work and essential activities. Wyoming has no penalty for refusing a breath test, but officers can get a warrant for a blood draw.
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Overview
Wyoming uses the term DUI (Driving Under the Influence) and has a 10-year lookback period for determining repeat offenses. Wyoming does NOT require an IID for a standard first offense. IID is required only when BAC is 0.15% or higher on a first offense (6 months) or for second and subsequent offenses. A fourth DUI within 10 years is a felony carrying up to 7 years in prison and $10,000 in fines. Wyoming is unique in that it has no criminal or administrative penalties for refusing a chemical test, though officers can obtain a warrant for a forced blood draw. The reinstatement fee is $50, and SR-22 is required for 3 years. Hardship (probationary) licenses are available.
Quick Answer
A first DUI in Wyoming with BAC under 0.15% means up to 6 months in jail, up to $750 in fines, and a 90-day license suspension. No IID is required unless your BAC was 0.15% or higher. You will need SR-22 insurance for 3 years and must pay a $50 reinstatement fee. A probationary (hardship) license is available to drive to work and essential activities. Wyoming has no penalty for refusing a breath test, but officers can get a warrant for a blood draw.
Suspension Rules
| Offense | Suspension |
|---|---|
| 1st Offense | 90-day license suspension. Officer seizes license at arrest and issues a 30-day temporary permit. You have 20 days to request a hearing to contest the suspension. No IID required unless BAC was 0.15% or higher. First offense is a misdemeanor. |
| 2nd Offense | 6-month license suspension (within 10 years). 1-year mandatory IID requirement. Up to 6 months jail with 7 days minimum. Up to $750 fine. Must complete substance abuse assessment and treatment. |
| 3rd Offense | 6-month license suspension (within 10 years). 2-year mandatory IID requirement. Up to 6 months jail. Up to $750 fine. Must complete substance abuse assessment and treatment. Still a misdemeanor in Wyoming. |
| Refusal | Wyoming has NO criminal or administrative penalties for refusing a chemical test. Unlike most states, there is no automatic license suspension for refusal. However, officers can obtain a warrant to force a blood draw. The fact of refusal can be introduced as evidence in the DUI trial to suggest consciousness of guilt. |
Ignition Interlock Device (IID) Requirements
Wyoming does not require IID for a standard first DUI offense with BAC below 0.15%. IID is triggered only for first offenses with BAC of 0.15% or higher, or for all second and subsequent offenses within 10 years. The IID must be installed on all vehicles the offender operates during the restriction period. Wyoming DOT administers the IID program.
SR-22 Insurance
SR-22 is a certificate of financial responsibility filed by your insurance company with the Wyoming DOT confirming you carry at least the state minimum liability coverage ($25,000/$50,000 bodily injury, $20,000 property damage). Required for all DUI-related reinstatements. If the SR-22 lapses, your insurer notifies WYDOT and your license is automatically re-suspended.
Reinstatement Process
Fee: $50 reinstatement fee for all suspensions. Additional $15 records review fee and $25 probationary license fee if seeking hardship driving privileges. | Timeline: Probationary license may be available during suspension for essential driving. Full reinstatement available after completing the 90-day suspension (first offense) plus all court requirements. IID period runs concurrently or after suspension depending on the case. Total timeline: 3-6 months for first offense without IID, 6-9 months with IID.
Complete Court Requirements
Serve all court-ordered penalties including any jail time, pay all fines (up to $750 for first offense), and complete any court-ordered community service or conditions.
Complete Substance Abuse Assessment
Complete a substance abuse assessment as ordered by the court. Based on the results, the court may order treatment programs, sobriety monitoring, or attendance at a victim impact panel. Provide proof of completion.
Complete Suspension Period
Serve the full suspension period: 90 days (first offense), 6 months (second/third offense). Alternatively, apply for a probationary (hardship) license during the suspension.
Install IID if Required
If BAC was 0.15% or higher (first offense) or for any repeat offense, install an IID on all vehicles you operate. Provide proof of installation to WYDOT.
Obtain SR-22 Insurance
Purchase SR-22 insurance from a licensed insurer. The insurer files the SR-22 directly with WYDOT. Must maintain for 3 years without any lapse.
Apply for Reinstatement at WYDOT
Pay the $50 reinstatement fee and submit all required documentation to the Wyoming Department of Transportation. Apply for full license reinstatement.
DUI Penalties
| Offense | Penalties |
|---|---|
| 1st Offense | Misdemeanor: Up to 6 months jail, up to $750 fine, 90-day license suspension. No mandatory minimum jail for standard first offense. Substance abuse assessment required. IID only if BAC >= 0.15% (6 months). SR-22 for 3 years. |
| 2nd Offense | Misdemeanor (within 10 years): Up to 6 months jail with 7 days minimum, up to $750 fine, 6-month license suspension, 1-year mandatory IID, substance abuse treatment required. SR-22 for 3 years. |
| 3rd Offense | Misdemeanor (within 10 years): Up to 6 months jail, up to $750 fine, 6-month license suspension, 2-year mandatory IID, substance abuse treatment required. Wyoming is notable for keeping third DUI as a misdemeanor. |
| Felony DUI | A fourth or subsequent DUI within 10 years is a felony in Wyoming, carrying up to 7 years in prison and up to $10,000 in fines. Additionally, any DUI involving serious bodily injury or death may be charged as a felony (vehicular homicide or aggravated assault) with significantly enhanced penalties. |
BAC limit: 0.08% for standard DUI; 0.04% for commercial vehicle operators; 0.02% for drivers under 21. BAC of 0.15% or higher triggers mandatory IID for first offense (6 months). There is no separate 'aggravated DUI' charge, but higher BAC may influence sentencing. | Lookback period: 10 years — Wyoming looks back 10 years from the date of the current offense to determine whether prior DUI convictions count for enhanced penalties. A fourth DUI within 10 years is a felony. Convictions older than 10 years do not count toward repeat-offender enhancement.
Hardship / Restricted License
Wyoming offers a probationary driver's license (hardship license) that allows limited driving during a DUI suspension. The probationary license permits driving to and from work, school, medical appointments, court-ordered programs, and other essential activities. It is issued by the Wyoming Department of Transportation.
Edge Cases
Does Wyoming penalize chemical test refusal?
No. Wyoming is unique among states in that there are no criminal or administrative penalties for refusing a chemical test. Your license is not automatically suspended for refusal. However, law enforcement can obtain a warrant for a forced blood draw, and the fact that you refused can be used as evidence against you in the DUI trial.
Is a third DUI a felony in Wyoming?
No. Wyoming is one of the few states where a third DUI within 10 years remains a misdemeanor. It is not until the fourth DUI within 10 years that the offense becomes a felony, carrying up to 7 years in prison and $10,000 in fines.
What happens if my BAC is exactly 0.15%?
A BAC of 0.15% or higher on a first offense triggers a mandatory 6-month IID requirement in addition to the standard penalties. This is the only circumstance that requires IID for a first offense in Wyoming. Below 0.15%, no IID is mandated for first-time offenders.
Can Wyoming obtain a blood sample if I refuse a breath test?
Yes. While Wyoming has no penalty for refusal, officers can request a warrant from a judge to obtain a blood sample. If a warrant is granted, the blood draw can be performed by force if necessary. Refusing a warranted blood draw can result in additional charges such as obstruction.
Frequently Asked Questions
- Do I have to go to jail for a first DUI in Wyoming?
- Not necessarily. A first DUI in Wyoming carries up to 6 months in jail, but there is no mandatory minimum jail sentence for a standard first offense. Most first-time offenders avoid jail and receive fines, suspension, substance abuse assessment, and probation instead. The court has discretion.
- How much does a first DUI cost in total in Wyoming?
- A first DUI in Wyoming typically costs $3,000-$8,000+ total, including fines (up to $750), reinstatement fee ($50), IID costs if required ($600-$900 for 6 months), SR-22 insurance increase ($200-$600/year for 3 years), substance abuse assessment/treatment ($200-$1,000), court costs, and attorney fees ($2,000-$5,000+).
- Can I get a hardship license after a DUI in Wyoming?
- Yes. Wyoming offers a probationary (hardship) driver's license that allows driving to work, school, medical appointments, and court-ordered programs during your suspension. You must pay a $15 records review fee and $25 probationary license fee, and provide SR-22 insurance. IID may be required depending on your offense.
- When does a DUI become a felony in Wyoming?
- A DUI becomes a felony on the fourth offense within a 10-year lookback period, carrying up to 7 years in prison and $10,000 in fines. A DUI involving serious bodily injury or death can also be charged as a felony regardless of prior record.
- Does Wyoming have enhanced penalties for very high BAC?
- Wyoming does not have a separate 'aggravated DUI' charge. However, a BAC of 0.15% or higher on a first offense triggers a mandatory 6-month IID requirement. Higher BAC may also influence the judge's sentencing decisions within the statutory range.
Take Action — Direct Links
- WYDOT — Suspensions & Ignition Interlock
Official Wyoming DOT page with suspension information, IID requirements, and reinstatement procedures.
- WYDOT — Reinstatement
Official WYDOT reinstatement page with fee information, required documents, and application procedures.
- Wyoming Statutes — DUI (W.S. 31-5-233)
Wyoming motor vehicle statutes including DUI penalties, IID requirements, and lookback period definitions.
- WYDOT — FAQ on Suspensions
Frequently asked questions about license suspensions, reinstatement, and IID requirements in Wyoming.