Wyoming’s zero-tolerance law for underage drivers
Wyoming, like every other state, has a zero-tolerance law for drivers under 21. Under Wyo. Stat. § 31-5-233, a driver under 21 can be charged with DWUI for having any amount of alcohol in their system. There is no 08% BAC limit. A BAC of.02%—which is one drink for most people—is enough to get a charge. This is a very low standard, so underage drivers can be charged with DUI even when adults would not be.
In Wyoming, the consequences of a DUI conviction for someone under the age of 21 go beyond the usual ones. A conviction can make it harder to get into college, get financial aid, get a scholarship, get a job, or get a professional license in the future. This is an unusually high charge for a driver who is 17 or 18.
Penalties for underage DUI in Wyoming
In Wyoming, if you are caught driving under the influence of drugs or alcohol while underage, you could go to jail for up to six months, pay fines, and have your license suspended. If the driver is under 18, the case may go to juvenile court, which has different rules and, most importantly, different effects on their record. A juvenile adjudication is not the same as a public adult criminal conviction, and the record is better protected. If the driver is between 18 and 20 years old, the case goes to adult court and has the same penalties as an adult DWUI.
How we defend underage DUI cases in Wyoming
The same defenses that work for adults who drive under the influence also work for teens who drive under the influence. The zero-tolerance standard also opens up some unique defense options. The equipment used to test for very low BAC levels must be properly calibrated and functioning. A breathalyzer that reads .02% can be changed by drinking alcohol, breathing patterns, and mistakes with the device in ways that a higher reading can’t. We carefully look at the tests in every case of underage DUI.
We also look at whether the juvenile court system is better for drivers under 18 than the adult court system. Specifically, whether diversion programs or deferred adjudication might be available to keep the case off a permanent record. You don’t have to have a criminal record when you’re 17, and the first step to protecting your future is to know all your options. Get in touch with us. Before we make any decisions, let’s talk about what’s possible.

