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 DWI 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 were changed to include a mandatory $125 fee for individuals signing up for the program.
What Is The Legal Alcohol Limit In Wyoming?
Wyoming police officers enforce a legal alcohol limit of .08 percent, the same level drivers in all other states are subject to. The amount of alcohol in a person’s system is established through measurement of a person’s blood alcohol concentration (BAC).
While the legal limit is .08 percent in Wyoming, driving while under the influence charges can be brought against a motorist with a BAC of .05 or higher if a police officer deems a person to be impaired by alcohol.
It’s important for drivers in the state to be aware of other nuances in the state law, including:
- Operators of commercial vehicles found to have a BAC of .04 percent or greater may be convicted of driving under the influence and lose a CDL.
- Drivers who are not of legal drinking age are subject to an even stricter BAC limit of .02 percent.
- Having a blood alcohol concentration of .15 percent or higher can result in more driving under the influence severe penalties.
Many additional provisions, of course, are included within Wyoming statutes. For instance, offenses occurring with a child passenger or involving the bodily harm of another motorist can yield stricter punishments.
Ignition Interlock Requirements In Wyoming
An ignition interlock device (IID) prevents a vehicle’s engine from turning over if a person is unable to provide a passing breath test. These devices are commonly required following driving under the influence convictions.
Installation periods are as follows:
- For a first offense with a BAC of .15 percent or great, a duration of six months
- For a second conviction, a duration of one year
- For a third offense, a duration of two years
A person convicted of a fourth or subsequent offense may be required to have an IID installed as a condition of driving for the remainder of his or her life.
Wyoming DUI Penalties
Individuals may face Wyoming DUI penalties if they drive with a blood alcohol concentration of .08 or greater or are proven to have been impaired by drugs or alcohol while driving. As a per se state, Wyoming does not require that it be proven that someone was impaired if he or she has a BAC above the legal limit, but the person may still be charged with a DUI with a BAC lower than .08 if the officer has probable cause to believe he or she is impaired. A lower BAC threshold of .04 percent is imposed on commercial drivers, and people under the age of 21 may not have a BAC registering at or greater than .02 percent.
The state mandates that someone’s license should be suspended for a period of time that corresponds with the charges he or she faces. To reinstate their licenses, people must provide an SR-22 insurance form and pay fees to the DMV. In addition to standard Wyoming DUI penalties, individuals may face additional sentencing if they drove intoxicated with a child under the age of 16 in the vehicle or were responsible for bodily harm or death.
1st DUI Conviction Penalties
The first time individuals are convicted of a DUI in Wyoming, they will face jail time not exceeding six months, fines of no more than $750 or both. They will also have their license suspended for 90 days, but they may have their driving privileges restored by having an ignition interlock device installed in their vehicle. If their BAC registered at or greater than .14 percent, they will be required to keep the interlock device for six months. It is important to note that if Wyoming residents refuse a chemical test, this option is not available to them.
2nd DUI Conviction Penalties
If someone is convicted of a DUI for the second time within a 10-year period, he or she will be required to serve at least seven days but no more than six months in jail. Individuals must also pay a fine ranging from $200 to $750. Their driver’s license will be suspended for one year, and they will not have the option of a probationary license, but they may be allowed to drive after having an ignition interlock device installed. If someone is given this option, the interlock device will be required for a year following conviction.
3rd DUI Conviction Penalties
A third DUI conviction within 10 years will mean spending between 30 days and six months in jail as well as being assessed a fine no greater than $3,000 but no less than $750. An individual’s license will be suspended for one year with no option of a probationary license, but driving privileges may be restored with the installation of an interlock device in their vehicle for two years.
4th DUI Conviction Penalties
A fourth DUI conviction in a 10-year period is considered a felony, and convicted individuals can be sentenced to as many as seven years in jail, a fine of no more than $10,000 or both. They may also face a lifetime license suspension; however, after five years, they may be able to drive again with an ignition interlock device installed in their car. The device must remain in the vehicle for the rest of the person’s life.