DUI Laws in Wyoming
The legal BAC limit in Wyoming, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 0.08 for drivers generally (including within two hours after driving following a lawful arrest). Drivers under 21 are suspended at 0.02 or more. Wyo. Stat. § 31-5-233(b); WYDOT, A Guide to Driving Privilege Withdrawals
| Legal BAC limit | 0.08 for drivers generally (including within two hours after driving following a lawful arrest). Drivers under 21 are suspended at 0.02 or more. The commercial driver limit was not confirmed. |
|---|---|
| First-offense DUI penalties | A first DWUI is a misdemeanor punishable by up to six months in jail, a fine up to $750, or both, and the person must receive a substance use disorder assessment at or before sentencing. WYDOT suspends the license for 90 days (credited with any administrative per se suspension). With a BAC of 0.15 or more, an ignition interlock restricted license is required for six months. |
| When a DUI is a felony | In Wyoming, a 4th or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison, a fine of up to $10,000, or both. A DUI that causes serious bodily injury to another person is punishable by up to 10 years and a $2,000 to $5,000 fine, or up to 20 years for a repeat offense under that subsection. DUI with a child passenger under 16 is punishable by up to 1 year for a first conviction and up to 5 years for a repeat conviction. The statute expressly labels only the 4th-or-later offense a felony; the injury and child-passenger penalties are stated as prison terms. Source: W.S. 31-5-233(e), (h), (m) |
| Refusing a breath test | Drivers arrested for DWUI are deemed to have consented to a blood, breath, or urine test. If a person refuses, no test is given unless serious bodily injury or death resulted or a search warrant is issued. A test result of 0.08 or more leads to a 90-day administrative per se suspension starting 30 days after the officer's notice, regardless of the outcome of the criminal case. The statute's former refusal-suspension provisions are marked repealed (2011); the guide lists refusal consequences only for commercial drivers (one-year or lifetime CDL disqualification). A current administrative penalty for refusal by a non-commercial driver was not confirmed. |
| DUI lookback period | Ten years. A second DWUI conviction within 10 years carries at least seven days in jail (up to six months) and a one-year license suspension; a third or later within 10 years brings a three-year revocation. |
| How long a DUI stays on your record | A standard WYDOT driving record shows 5 years of history for DUI convictions and withdrawals, compared with 3 years for ordinary moving violations, administrative per se actions and refusals. A 10-year record can be requested specifically. For criminal penalties, prior DUI convictions count if they were within 10 years. |
| Hardship or restricted license | A probationary driver license (limited driving privileges) may be requested during many suspensions, including moving-violation suspensions and a first DWUI with BAC under 0.15, by submitting a record review request ($15) and, if approved, paperwork with a $25 fee. Only one is allowed in five years, an SR-22 must be on file if required, and it is not available for a second or later DWUI, revocations, or insurance-related suspensions. During eligible DWUI suspensions, driving is allowed with an ignition interlock restricted license. |
Where to get help in Wyoming
More Wyoming traffic tickets & dui
- Reinstating a Driver's License in Wyoming
- How Driver Points Work in Wyoming
- Paying or Contesting a Traffic Ticket in Wyoming
- All Wyoming traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in Wyoming?
0.08 for drivers generally (including within two hours after driving following a lawful arrest). Drivers under 21 are suspended at 0.02 or more.
What is the penalty for a first DUI in Wyoming?
A first DWUI is a misdemeanor punishable by up to six months in jail, a fine up to $750, or both, and the person must receive a substance use disorder assessment at or before sentencing. WYDOT suspends the license for 90 days (credited with any administrative per se suspension). With a BAC of 0.15 or more, an ignition interlock restricted license is required for six months.
Is a DUI a felony in Wyoming?
In Wyoming, a 4th or later DUI conviction within 10 years is a felony, punishable by up to 7 years in prison, a fine of up to $10,000, or both. A DUI that causes serious bodily injury to another person is punishable by up to 10 years and a $2,000 to $5,000 fine, or up to 20 years for a repeat offense under that subsection. DUI with a child passenger under 16 is punishable by up to 1 year for a first conviction and up to 5 years for a repeat conviction.
What happens if you refuse a breathalyzer in Wyoming?
Drivers arrested for DWUI are deemed to have consented to a blood, breath, or urine test. If a person refuses, no test is given unless serious bodily injury or death resulted or a search warrant is issued. A test result of 0.08 or more leads to a 90-day administrative per se suspension starting 30 days after the officer's notice, regardless of the outcome of the criminal case.
How long does a DUI count as a prior offense in Wyoming?
Ten years. A second DWUI conviction within 10 years carries at least seven days in jail (up to six months) and a one-year license suspension; a third or later within 10 years brings a three-year revocation.
How long does a DUI stay on your record in Wyoming?
A standard WYDOT driving record shows 5 years of history for DUI convictions and withdrawals, compared with 3 years for ordinary moving violations, administrative per se actions and refusals. A 10-year record can be requested specifically. For criminal penalties, prior DUI convictions count if they were within 10 years.
Can you get a hardship license in Wyoming?
A probationary driver license (limited driving privileges) may be requested during many suspensions, including moving-violation suspensions and a first DWUI with BAC under 0.15, by submitting a record review request ($15) and, if approved, paperwork with a $25 fee. Only one is allowed in five years, an SR-22 must be on file if required, and it is not available for a second or later DWUI, revocations, or insurance-related suspensions. During eligible DWUI suspensions, driving is allowed with an ignition interlock restricted license.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.