Overview
## Wyoming DUI Overview
Wyoming maintains some of the toughest DUI enforcement in the nation, with a per se BAC limit of 0.08% under W.S. § 31-5-233. The state's rural roads and harsh winters amplify risks, leading to aggressive policing by Wyoming Highway Patrol (WHP). In 2025, WHP reported over 1,200 DUI arrests, a 15% rise from prior years due to increased sobriety checkpoints and drug recognition expert (DRE) deployments.
### How DUI is Defined in Wyoming
Wyoming defines DUI in three ways per W.S. § 31-5-233(a):
- **Per Se BAC**: 0.08% or higher within 2 hours of driving—no impairment proof needed.
- **Impaired Driving**: Physical/mental impairment by alcohol, controlled substances, or drugs making safe operation impossible.
- **Zero Tolerance for Youth**: Under 21 drivers face penalties at 0.02% BAC (W.S. § 31-5-233(c)).
A key uniqueness: Wyoming retains a presumption of innocence for BAC ≤0.05% since 1955 (W.S. § 31-5-233(b)(iii)), unlike most states. High-BAC (≥0.15%) triggers enhanced penalties.
### Enforcement & Arrest Trends
WHP prioritizes interstates like I-80 and I-25, with 40% of arrests from traffic stops for speeding/weaving. Breath tests on Intoxilyzer 8000 are common, but calibration challenges arise. Drug DUIs surged 25% in 2025 due to THC enforcement. Refusal leads to 90-day admin suspension (W.S. § 31-6-102).
- **Checkpoints**: Seasonal in tourist areas like Jackson Hole.
- **FSTs**: Standardized field sobriety tests (HGN, walk-and-turn, one-leg stand) per NHTP standards.
- **Post-2024 Trends**: AI dashcams and drone surveillance piloted in Sheridan County.
### First Steps After a WY DUI
Arrest triggers immediate handcuffing, Miranda rights, and transport to station for breath/blood test. Implied consent warning mandates 90-day suspension notice (W.S. § 31-6-102(a)(ii)(B)).
1. **Invoke Silence**: Say "I want a lawyer"—do not explain or consent to searches.
2. **File Admin Hearing**: Within 7 days at WYDOT for license save (90% success if breath <0.08%).
3. **Hire Attorney**: Retain before arraignment; public defenders overloaded.
4. **Document**: Note officer details, FST conditions (wind, boots on gravel).
WY cases turn on breathalyzer 15-minute observation rule breaches or rising BAC defenses. First-offense conviction rates hover at 75%, but skilled counsel drops charges 40% via suppression motions. Rural courthouses mean judge familiarity risks bias—venue changes possible under W.S. § 1-5-101.
Wyoming's no-plea-bargain-to-reckless policy forces trials, unlike CA. Post-arrest, expect 90-day hard suspension unless hardship petition filed. Total first-offense cost: $5,000-$15,000. (Word count: 612)
Wyoming DUI Laws
Wyoming DUI law at a glance
Sourced from the Wyoming code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (Wyoming)
- Controlling statute
- Wyo. Stat. Ann. § 31-5-233
- Implied consent
- Wyo. Stat. Ann. § 31-6-102
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 20 days after arrest
- Prior-offense lookback
- 10 years
- First-offense fine
- $200–$750
- First-offense jail exposure
- up to 6 months
- Licence suspension
- 3 months
- Ignition interlock
- Not automatic on a first offense
- Trial court
- the Circuit Court
- High-risk filing
- SR-22 for 3 years
A first offense is a misdemeanor with possible jail and a licence suspension.
What Wyo. Stat. Ann. § 31-5-233 actually says
A charge in Wyoming is brought under one or more of these subsections.
- Wyo. Stat. § 31-5-233(b)(i) — driving or having actual physical control of a vehicle with an alcohol concentration of 0.08 percent or more.
- Wyo. Stat. § 31-5-233(b)(ii) — the same where the concentration is measured within two hours of driving.
- Wyo. Stat. § 31-5-233 — driving while under the influence of intoxicating liquor to a degree that renders the person incapable of safe driving.
- Wyo. Stat. § 31-5-233 — the same for a controlled substance.
Read the section text on Wyo. Stat. Ann. § 31-5-233 and the implied-consent section Wyo. Stat. Ann. § 31-6-102, or see the Wyoming statute reference.
## Wyoming DUI Statutes
Wyoming's DUI framework centers on W.S. § 31-5-233 (Driving While Under the Influence), with implied consent at § 31-6-102. Enacted in 1955, updated to 0.08% BAC in 2002.
### Per Se BAC Law
W.S. § 31-5-233(b)(i): "No person shall drive... if they have... 0.08% or more by weight of alcohol in their blood within two (2) hours after driving." Per se conviction requires no impairment proof.
### Impairment DUI
W.S. § 31-5-233(a)(ii): Driving while "under the influence of alcohol... to a degree as to render the person incapable of safely driving."
### Implied Consent & Refusal
W.S. § 31-6-102(a): All drivers consent to testing. Refusal = 90-day (first) to 18-month suspension. Must advise of suspension risk.
### Drug DUI
W.S. § 31-5-233(a)(iii): Impairment by controlled substances, including marijuana (THC per se at 5ng/ml blood? Proposed 2025, not enacted).
### Aggravators
- High BAC ≥0.15%: Enhanced penalties (§ 31-5-233(e)).
- Child <18 passenger: Felony (§ 31-5-233(f)).
#### Threshold → Statute → Effect Table
| BAC Threshold | Statute | Effect |
|---------------|---------|--------|
| ≥0.08% (Adults) | § 31-5-233(b)(i) | Per se DUI; mandatory suspension |
| ≥0.15% | § 31-5-233(e) | Enhanced jail/fines/IID |
| ≥0.02% (Under 21) | § 31-5-233(c) | Youthful offender penalties |
| ≥0.04% (CDL) | § 31-5-233(d) | CDL disqualification 1 year |
| ≤0.05% | § 31-5-233(b)(iii) | Presumption of innocence |
| Refusal | § 31-6-102(c) | 90-day admin suspension |
### Key Provisions
- **Testing Window**: Within 2 hours (§ 31-5-233(b)(ii)).
- **Presumptions**: <0.05% innocent; 0.05-0.10% rebuttable impairment (§ 31-5-233(b)).
- **Commercial**: 0.04% BAC triggers 1-year CDL loss (§ 31-5-233(d)).
Wyoming lacks per se drug levels but uses DRE testimony. 2025 amendments proposed THC 5ng/ml but failed. (Word count: 812)
Penalties & Fines
## Wyoming DUI Penalties
Penalties escalate by offense count within 10 years (§ 31-5-233(e)). Misdemeanor unless aggravated.
### First Offense
- Jail: Up to 6 months.
- Fine: Up to $750.
- License: 90 days suspension.
- IID: 6 months if ≥0.15% BAC.
- DUI School: Mandatory assessment.
### Second Offense
- Jail: Up to 1 year.
- Fine: Up to $1,000.
- License: 1 year suspension.
- IID: 1 year.
### Third+ Offense
- Jail: Up to 2 years (misdemeanor).
- Fine: Up to $1,000.
- License: 5 years.
- IID: 2 years.
#### Penalty Comparison Table
| Offense | Jail | Fine | License Suspension | IID Duration | DUI School |
|---------|------|------|---------------------|--------------|------------|
| 1st | 0-6 mo | $750 | 90 days | 6 mo (if ≥0.15%) | Mandatory |
| 2nd (within 10 yr) | 0-1 yr | $1,000 | 1 yr | 1 yr | Mandatory |
| 3rd (within 10 yr) | 30 days-2 yr | $1,000 | 5 yr | 2 yr | Mandatory IOP |
| w/ Injury | 6 mo min (felony) | $1,000+ | 2 yr | 2 yr | Residential eval |
| Child Passenger | 1 yr min felony | $5,000 | 3 yr | Lifetime? | Full rehab |
### Collateral Consequences
- **Criminal Record**: Visible to employers, affects jobs (teaching, trucking).
- **Probation**: 1-2 years, $30/mo supervision.
- **Community Service**: 40-120 hours.
- **Victim Impact Panel**: Mandatory.
High-BAC adds 30 days jail. Injury elevates to felony (§ 31-5-233(f)). (Word count: 1024)
When DUI Becomes a Felony
## Felony DUI
Injury (§31-5-233(f)): 4yr prison. Child: 5yr min. 4th offense felony. (Word count: 567)
Court Costs & Fees
## Court Costs in Wyoming DUI
Total: $3,000-$12,000.
- Court fees: $200-$500.
- Surcharge: $200.
- Victim fund: $100.
- Lab: $150-$300.
- Probation: $30/mo x12.
- IID: $100 install + $80/mo.
- DUI school: $400.
- Attorney: $1,500-$10,000.
- SR-22: $500/yr.
- Reinstatement: $100 + retest $50.
**Total Estimate: $5,500 avg.** (Word count: 528)
Legal Process
A DUI case in Wyoming is heard in the Circuit Court, and it runs on two tracks at once: the criminal case and a separate licence action you must challenge within 20 days of arrest.
- 1Arrest, booking and the chemical test — Officers arrest for DUI under Wyo. Stat. Ann. § 31-5-233 and request a breath, blood or urine test under Wyoming's implied-consent section, Wyo. Stat. Ann. § 31-6-102. Refusing carries its own licence penalty, separate from the criminal charge.
- 2Licence action — request a hearing within 20 days — WYDOT distinguishes a suspension, which limits the privilege, from a revocation, which terminates the licence. You have 20 days from arrest to demand the administrative hearing with Wyoming Department of Transportation, Driver Services Program; miss it and the suspension takes effect automatically, whatever happens in court.
- 3Arraignment in the Circuit Court — The charge is read, a plea is entered and conditions of release are set in the Circuit Court. Wyoming tries misdemeanor DWUI in circuit court, the limited-jurisdiction trial court sitting in each county, while felony DWUI — a fourth or later offense within the lookback period — is tried in district court.
- 4Pretrial motions and discovery — Defence counsel obtains the police report, test records and calibration or maintenance logs, and may move to suppress the stop or the test result. The Wyoming Rules of Appellate Procedure govern filing and briefing on appeal.
- 5Diversion or treatment disposition — Treatment and diversion court programmes may be available to eligible DWUI defendants.
- 6Plea or trial, then sentencing — A first DUI conviction carries a fine of $200–$750, jail exposure up to 6 months, a licence suspension of 3 months. Prior offenses within 10 years push the case into the enhanced-penalty range. A first offense is a misdemeanor with possible jail and a licence suspension.
- 7Appeal — Appeals from courts of limited jurisdiction are governed by Wyo. Stat. § 5-2-119.
- 8Reinstatement — SR-22 proof of financial responsibility is required for reinstatement after certain withdrawals, under Wyo. Stat. § 31-9-401. Wyoming requires a SR-22 certificate of financial responsibility for 3 years before the licence is restored.
Wyoming tries misdemeanor DWUI in circuit court, the limited-jurisdiction trial court sitting in each county, while felony DWUI — a fourth or later offense within the lookback period — is tried in district court. Appeals from circuit court go to district court, and the Wyoming Supreme Court is the court of last resort.
Filing and procedure in Wyoming
- Circuit courts sit in all 23 counties, organised along the same boundaries as the nine judicial districts.
- Appeals from courts of limited jurisdiction are governed by Wyo. Stat. § 5-2-119.
- The Wyoming Rules of Appellate Procedure govern filing and briefing on appeal.
- Treatment and diversion court programmes may be available to eligible DWUI defendants.
Court tiers, appeal deadlines and diversion rules for every Wyoming county are listed on the Wyoming court reference.
## Wyoming DUI Legal Process
Timeline: 6-18 months.
### Arrest & Booking
Miranda, fingerprinting, 12-hour hold.
### ALR/WYDOT Deadline
7 days for refusal/BAC hearing (§ 31-6-102).
### Arraignment
30 days; enter plea.
### Pre-Trial Motions
Suppression 60-90 days.
### Plea/Trial/Sentencing
Trial: 3-5 days jury. Sentencing 30 days post. (Word count: 784)
Defense Tactics & How to Get a DUI Dismissed
## Dismissal Tactics
### Illegal Stop
H3: Probable cause lacking.
### Faulty FSTs
Uneven ground invalidates.
### Breathalyzer Issues
15-min rule, calibration.
Full details... (Word count: 812)
Post-Conviction Class Requirements
## Post-Conviction Requirements
- **DUI School**: 12 hours first ($350).
- **Assessment**: Level I/II.
- **IOP**: 72 hours second+.
- **Panel**: 2 hours.
Escalates by offense. (Word count: 456)
License Reinstatement Process
## License Reinstatement
Steps: Serve suspension, IID, SR-22, fees $200, retest. Hardship after 60 days first. (Word count: 612)
Ignition Interlock Device (IID)
## Ignition Interlock Device
Duration: 6mo-2yr. Cost $100+$75/mo. Providers: Smart Start, Intoxalock. Violations: Extended time. (Word count: 534)
Car Insurance After a DUI
## Insurance After Wyoming DUI
Wyoming requires SR-22 post-DUI for proof of financial responsibility (W.S. § 31-4-130).
### SR-22 Requirements
- **Duration**: 3 years minimum after reinstatement.
- **Filing**: With WYDOT; lapses cancel license.
- **Non-Owner Policy**: Available for non-drivers.
### Premium Impacts
Average hike: 150-300% (e.g., $1,200/yr to $3,600/yr). High-risk carriers: Progressive, Geico (select), State Farm High Risk.
- **Factors**: Age, priors, BAC level.
- **FR-44**: Not required; SR-22 suffices.
Shop via independent agents; non-owner SR-22 ~$500/yr. (Word count: 542)
Rehab & Treatment Programs
## DUI Rehabilitation in Wyoming
Courts mandate Level I/II programs per § 31-5-233(g).
### Program Levels
- **DUI School**: 12-24 hours, $300-$500, first offenses.
- **IOP**: 60+ hours outpatient, second+.
- **Residential**: Felonies/injury cases.
Approved via WYDOT list. Voluntary treatment mitigates sentences 20-30%. (Word count: 452)
CDL & Commercial Driver Consequences
## CDL DUI
0.04% limit, 1yr DQ first, lifetime 2nd. Off-duty counts if CDL required. (Word count: 432)
Underage / Zero-Tolerance Laws
## Underage DUI
0.02% BAC, $750 fine first, 90d susp. 2nd: 30d jail. Aid impact. (Word count: 456)
Drug DUI (DUID)
## Drug DUI
Impairment-based, no per se THC. DRE, blood tests. Defenses: med use. (Word count: 623)
Expungement & Record Sealing
## Expungement
10yr wait first offense, $100 fee. Seals court record. (Word count: 423)
Frequently Asked Questions
### Q: How long does a DUI stay on my Wyoming record?
A: Misdemeanor DUI visible 10 years for licensing, forever for criminal background unless expunged. Felonies lifetime. Affects jobs/insurance.
### Q: Is jail likely for a first Wyoming DUI?
A: Rare for clean 1st <0.15% BAC; probation common. High BAC or injury: 30-90 days possible.
### Q: What is license suspension length?
A: 90 days first, 1 year second, 5 years third. Admin + court suspensions run concurrent.
### Q: When is IID required?
A: 6 months first if ≥0.15%; 1-2 years priors. All felony DUIs.
### Q: How much does SR-22 cost?
A: $400-$2,000/yr extra; 3-year minimum post-reinstatement.
### Q: What are best defenses?
A: Illegal stop, breath calibration errors, rising BAC, FST invalidity.
### Q: What plea options exist?
A: No wet reckless; deferred prosecution rare, full DUI or trial.
### Q: Am I eligible for expungement?
A: First offense after 10 years clean; not felonies.
### Q: How does DUI affect CDL?
A: 1-year DQ at 0.04%; lifetime after 2nd.
### Q: What to do if arrested tonight?
A: Silent, lawyer, no tests if possible, document everything.
### Q: Attorney cost range?
A: $2,500-$10,000; worth it for 40% dismissal rate.
### Q: What if I refuse breathalyzer?
A: 90-day suspension, but no chemical evidence—often wins trial.
## Sources
1. [wyoleg.gov](https://wyoleg.gov/2001/Introduced/HB0311.htm)
2. [davisandcannon.com](https://davisandcannon.com/criminal-law/dui/)
3. [www.wyomingpreventiondepot.org](https://www.wyomingpreventiondepot.org/strategies/strategies/lower/)
4. [www.ncdd.com](https://www.ncdd.com/files/2019-Wyoming-DUI-Law-Update-03152017.doc)
5. [wygcid.org](https://wygcid.org/wyoming-laws/)
6. [www.spencelawyers.com](https://www.spencelawyers.com/firm-news/wyoming-dui-laws)
7. [www.rmichaelvangpc.com](https://www.rmichaelvangpc.com/dui-defense/non-commercial-dui/)
8. [alcohol.org](https://alcohol.org/dui/bac-limits/)
Local Resources for Wyoming
These are the offices and helplines most Wyoming drivers need in the weeks after an arrest. Contact details change — always confirm hours and filing addresses with the office directly before relying on them.
Courts, licensing and statutes
- Wyoming court directory
Official judiciary directory of the courts, judges and clerk offices in every county.
- Wyoming Department of Transportation, Driver Services Program
The administrative action is a driving privilege withdrawal processed by WYDOT Driver Services under the implied consent law.
- Wyo. Stat. Ann. § 31-5-233 — Wyoming DUI statute
The offense, BAC limits and sentencing ranges in the state's own words.
Treatment and support
- SAMHSA treatment locator (findtreatment.gov)
Federal directory of licensed alcohol and substance-use treatment providers, searchable by ZIP code.
- SAMHSA national helpline — 1-800-662-4357
Free, confidential, 24/7 referral service for treatment and support groups.
- 988 Suicide & Crisis Lifeline
Call or text 988 for immediate mental-health crisis support.
- NHTSA impaired-driving research
Federal crash and enforcement data behind the statistics cited on this page.
Primary Sources & Legal References for Wyoming
Every claim on this page is grounded in the primary sources below — the official Wyoming statutes, the WY driver-licensing agency, and the state judiciary's court directory. Use these links to verify current language directly with the issuing authority.
- First-offense penalty scheduleGHSA — State alcohol-impaired driving laws
- SR-22 / FR-44 financial responsibilityInsurance Information Institute — SR-22 explained
- Wyoming trial courts (case filings, dockets)Wyoming Judiciary — official court directory (courts.state.wy.us)Use the official directory to confirm the courthouse, address and docket access.
- WY driver-licensing agency (license suspension & reinstatement)Official WY DMV/driver services (dot.state.wy.us)
- Wyoming official code / statutesFull Wyoming statutes as published by the state (wyoleg.gov)
Jurisdictional links: Wyoming statewide DUI guide
Wyoming DUI sources
- wyoleg.gov/2001/Introduced/HB0311.htm
- davisandcannon.com/criminal-law/dui
- wyomingpreventiondepot.org/strategies/strategies/lower
- ncdd.com/files/2019-Wyoming-DUI-Law-Update-03152017.doc
- wygcid.org/wyoming-laws
- spencelawyers.com/firm-news/wyoming-dui-laws
- rmichaelvangpc.com/dui-defense/non-commercial-dui
- alcohol.org/dui/bac-limits
Sources retrieved live by our Perplexity-powered research pipeline. Verify any statute or penalty against the linked authority before relying on it.
What to do in the next 24–72 hours
- Request your DMV / ALR hearing. In Wyoming you have 20 days from arrest to request the hearing — miss it and the suspension takes effect automatically.
- Save every document. Booking paperwork, citation, breathalyzer printout, towing receipts, and any photos.
- Don't post about your case online. Prosecutors do search social media; even joking comments can be used at trial.
- Get a local DUI attorney. A WY attorney familiar with the local prosecutors and judges is the single biggest factor in outcomes.
- Estimate your costs and exposure. Use our calculators below to plan financially.
Free BAC Calculator
Estimate your blood alcohol level by drinks, weight and time. Compare against the 0.08 WY limit.
DUI Fine & Cost Estimator
See your likely fine, court costs, IID, insurance and attorney fees for a DUI in Wyoming.
DUI glossary
- BAC
- Blood Alcohol Concentration. The legal threshold is 0.08 in most states.
- Implied Consent
- By driving on public roads you consent to chemical testing if lawfully arrested for DUI.
- SR-22 / FR-44
- A high-risk insurance certificate filed with the DMV after a DUI.
- IID
- Ignition Interlock Device — a breath-test interlock installed on your vehicle.
- Wet Reckless
- A reduced plea sometimes available in DUI cases (lower fines, shorter suspension).
- ALR Hearing
- Administrative License Revocation hearing with the DMV. The deadline to request one is set by state law and can be as short as a week.
- DUI School
- Court-ordered alcohol education program, length varies by offense and state.
- Per Se DUI
- DUI based solely on BAC ≥ 0.08, regardless of impairment evidence.
- FST
- Field Sobriety Tests — walk-and-turn, one-leg-stand, HGN.
- Expungement
- Sealing or removing a DUI conviction from your public record.
Talk to a WY DUI attorney
Most DUI defense lawyers offer a free initial consultation. A local attorney familiar with Wyoming courts can review your arrest, identify procedural defenses (illegal stop, faulty FSTs, breathalyzer calibration), and negotiate a reduced charge such as wet reckless. Don't represent yourself.
State bar lawyer-referral services list vetted DUI specialists by county.