If you’re getting ready for a Labor Day road trip and wondering whether you might run into a DUI checkpoint in Wyoming, there is some good news. Wyoming doesn’t use sobriety checkpoints.
Even though there are no Wyoming DUI checkpoints, that does not mean there will not be extra patrol cars on the road. During holiday weekends, Wyoming law enforcement increases their efforts to find impaired drivers. So, what does that mean if you’re behind the wheel? Here is what you can expect
No DUI Checkpoints in Wyoming
A sobriety checkpoint happens when police set up at a fixed location and systematically stop vehicles to check for signs of impairment.
But Wyoming does not do that. The state’s roadblock laws do not authorize suspicionless DUI checkpoints. If they do occur, they must follow certain constitutional guidelines, such as advance notice, neutral vehicle selection, brief stops, and officer training.
That is different from what you may encounter in a neighboring state. For example, South Dakota does allow stationary sobriety checkpoints.
What Is a Saturation Patrol?
If Wyoming does not use checkpoints, how does law enforcement look for drunk drivers during busy weekends?
They use a saturation patrol. Instead of setting up one checkpoint and stopping vehicles systematically, law enforcement puts additional officers on the roads in a specific area. They look for drivers who appear impaired or commit traffic violations.
In these cases, an officer needs reasonable suspicion of a traffic violation or other unlawful activity to make a traffic stop. So even if you’re driving through an area with a heavy law-enforcement presence, officers cannot automatically pull you over because they’re conducting a DUI enforcement operation.
More Patrols Around Labor Day
Holiday weekends are a big focus for impaired-driving enforcement. Wyoming participates in national high-visibility campaigns such as NHTSA’s “Drive Sober or Get Pulled Over.”
During these enforcement periods, you may see more Wyoming Highway Patrol troopers and local officers on major highways and in areas where impaired driving is a concern.
With that, you may notice more patrol cars than usual.
What If You Get Pulled Over?
First, you should provide the documents you’re legally required to provide. That includes your driver’s license, registration, and proof of insurance.
You might be asked to perform a sobriety exercise. Wyoming law doesn’t require a driver to perform standardized field sobriety tests because an officer asks.
However, refusing doesn’t necessarily mean you will not be arrested. An officer can consider other observations when determining whether there is probable cause to make an arrest.
But chemical testing is another issue. Wyoming’s implied consent law applies after a lawful arrest and applies to chemical testing for alcohol or drugs.
What About South Dakota?
If your road trip takes you from Wyoming into South Dakota, the same rules will not follow you across the state line.
South Dakota permits sobriety checkpoints. And once you’re in South Dakota, South Dakota law applies to those stops.
If you’ve been arrested across the state line, talk with a DUI defense attorney who understands the laws of the state where the stop occurred.
Stopped During a Wyoming DUI Enforcement Operation?
Unlike other states, there are no Wyoming DUI checkpoints. But there are saturation patrols. That means increased holiday enforcement.
If you’ve been arrested or charged, we can review the specifics of the stop and make sure your rights were not violated. At Just Criminal Law, we are here to help you understand your options and take those next steps with the case.
Call Just Criminal Law at (307) 686-6556 for a confidential consultation about your Wyoming DUI case.
Frequently Asked Questions
Are DUI checkpoints legal in Wyoming?
Wyoming does not use sobriety checkpoints. However, law enforcement will conduct saturation patrols and DUI task forces to identify impaired drivers.
What is a saturation patrol?
A saturation patrol involves additional officers patrolling a specific area during a particular time, often around a holiday weekend. Officers look for impaired driving and other traffic violations instead of stopping every vehicle at a fixed location.
Can I refuse a field sobriety test in Wyoming?
Wyoming does not have a statute requiring drivers to perform standardized field sobriety exercises. However, refusing doesn’t prevent an officer from arresting you based on other evidence of impairment.
Does South Dakota have DUI checkpoints?
South Dakota allows sobriety checkpoints. If you’re traveling from Wyoming toward the Black Hills, remember that the rules can change once you cross the state line.
