according to Wyoming DUI laws, you can be arrested for a DUI, also known as DWUI in the state, if your blood alcohol concentration, or BAC, is at least .08 percent regardless of how much it may have impaired your driving.
However, Wyoming has yet to institute mid-level laws against alcohol-related traffic stops, so it is entirely possible to be charged with a DUI if your driving is impaired even if your BAC has been found to be under the legal limit. It should also be noted that the Wind River Indian Reservation in central Wyoming recently lowered the legal BAC to .05 percent; however, this change only applies to tribal members living on the reservation.
Wyoming DUI laws do include an implied consent statute, meaning that those who are pulled over under the suspicion of driving under the influence of drugs and alcohol must submit to a test to measure their BAC. If drivers refuse to undergo a BAC test, their license may be suspended for six months. In the case of a second or third DUI offense, a refusal to take a test will result in an 18-month suspension.
Wyoming’s Youthful-Offender DWUI Statute
Wyoming DUI laws forbid individuals younger than 21 years old from driving or otherwise being in physical control of a vehicle if their BAC is at or greater than .02 percent. Convicting young offenders of DWUI violations rest entirely on demonstrating that their BAC reached or exceeded this threshold; Wyoming’s statutes make no exceptions for cases in which an officer deems a person to be impaired, so a case against a young person facing this charge cannot rest on perceived impairment during a stop for suspected DUI.
Other Wyoming DUI Laws
The state, like others, has a statute in place that restricts drivers of vehicles requiring a commercial license from driving with a BAC at or exceeding .04 percent.
Additionally, the state also imposes enhanced penalties on individuals facing DWUI charges who are also found to have had a passenger 16 years old or younger in their vehicle at the time of their arrest.
As in other states, DUI incidents involving death or serious bodily injury carry with them severe penalties upon conviction.
A fourth or subsequent DUI is considered a felony.
Changes to Wyoming DUI Laws
In July 2010, Wyoming clearly defined “chemical test” for the first time. The definition of “chemical test” includes any test that “analyzes an individual’s breath, blood, urine, saliva or other bodily fluids or tissues for evidence of drug or alcohol use.”
As of July 1, 2011, an important new law required motorists to submit to chemical tests requested by law enforcement officers. Previously, the statute had stipulated that motorists were “requested” to submit to these tests; the changed syntax raised questions about the civil rights implications of forcing unwilling motorists to submit to such testing.
In July 2012, the state’s statutes in regard to ignition interlock devices was changed to include a mandatory $125 fee for individuals signing up for the program.