Wyoming calls impaired driving DWUI or Driving While Under the Influence. For most drivers, a first DWUI is a misdemeanor carrying up to six months in jail, a fine of up to $750, and a 90-day license suspension. The penalties increase with subsequent offenses. And if you are charged with a fourth DWUI within 10 years, that can be a felony.
What are Wyoming DWUI laws? If you or a family member was recently arrested, here is what you need to know.
What Is a DWUI in Wyoming?
If you’re used to hearing the term DUI, Wyoming’s terminology can be confusing. Under W.S. 31-5-233, DWUI means Driving While Under the Influence. The law prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol, controlled substances, or a combination of substances.
When it comes to being under the influence, that means you were impaired to a degree that made you incapable of safely driving.
And you don’t have to be caught with the vehicle moving. Wyoming DWUI law also recognizes “actual physical control.” In these cases, someone sitting or sleeping in a running vehicle with the keys available could potentially face a DWUI charge.
Wyoming BAC Limits
For most adult drivers, the BAC threshold is 0.08%. But there are different rules for certain drivers. For example:
- Drivers under 21: 0.02%
- CDL holders operating commercial vehicles: 0.04%
- BAC of 0.15% or higher: Additional consequences, including an ignition interlock requirement for a first offense
A DWUI charge doesn’t always involve alcohol, either. Wyoming DUI law also addresses driving while impaired by drugs, including prescription medications and controlled substances. You can legally possess or take a medication and still face a DWUI charge if prosecutors believe that it impaired your ability to drive safely.
Wyoming DWUI Penalties
In these cases, your DWUI history will play a major role. Wyoming looks at qualifying prior offenses within 10 years, including certain out-of-state convictions.
| Offense | Level | Min. Jail | Max. Jail | Fine | License Action | IID |
| 1st DWUI | Misdemeanor | None | 6 months | Up to $750 | 90-day suspension | Only if BAC ā„ 0.15% (6 mo.) |
| 2nd DWUI (within 10 yrs) | Misdemeanor | 7 days | 6 months | $200ā$750 | 1-year suspension | 1 year (mandatory) |
| 3rd DWUI (within 10 yrs) | Misdemeanor | 30 days | 6 months | $750ā$3,000 | 3-year revocation | 2 years (mandatory) |
| 4th+ DWUI | Felony | None specified | 7 years | Up to $10,000 | Revocation | Lifetime (5-yr review) |
| DWUI + child passenger (1st) | Misdemeanor | None | 1 year | Up to $750 | Per underlying offense | Per underlying offense |
| DWUI + child passenger (2nd+) | Felony | None | 5 years | ā | Per underlying offense | Per underlying offense |
| DWUI + serious bodily injury (1st) | Felony | None | 10 years | $2,000ā$5,000 | Mandatory revocation | ā |
| DWUI + serious bodily injury (2nd+) | Felony | None | 20 years | ā | Mandatory revocation | ā |
Wyoming’s Implied Consent Law
Under Wyoming’s implied consent law, when you drive on the roads, you have already consented to chemical testing under certain circumstances. And that testing can involve your breath, blood, or urine.
Refusing a chemical test does not automatically suspend your Wyoming license. However, the refusal can be used as evidence. If a qualifying chemical test shows a BAC of 0.08% or higher, WYDOT can seek an administrative license suspension.
The 20-Day Deadline
This is one of the most important deadlines following a Wyoming DWUI arrest. If WYDOT sends you notice of an administrative suspension, you have 20 days to request a contested case hearing. If you miss that deadline, the suspension can take effect.
The administrative hearing will look at probable cause, the arrest, and the chemical test results. On the other hand, your criminal case addresses whether you are guilty.
You do not want to wait until your criminal court date to deal with your license. These are separate processes. This is why it is important to reach out to your DUI defense lawyer as soon as possible after an arrest.
Donāt Wait to Find Out What Happens Next
Knowing Wyoming DWUI laws is an important first step, but knowing what the law says isnāt the same as knowing how it applies to your situation. Your BAC, driving history, the circumstances of the stop, and the county handling your case can all make a difference.
And remember, an arrest is not the same thing as a conviction.
If you are facing a DWUI charge in Wyoming, Just Criminal Law can help you understand what youāre facing, what deadlines apply, and what options may be available in your case. Reach out today for a consultation.
Arrested for DWUI in Wyoming? Call (307)667-0630 now for a free case review – available 24/7.”
Frequently Asked Questions
What is the difference between DUI and DWUI in Wyoming?
Wyoming uses the term DWUI, which means Driving While Under the Influence. DUI is the term commonly used in many other states.
What is the legal BAC limit in Wyoming?
For most adult drivers, the BAC threshold is 0.08%. However, drivers under 21 are subject to a 0.02% threshold, while CDL holders operating commercial vehicles are subject to a 0.04% threshold.
When does a Wyoming DWUI become a felony?
A fourth qualifying DWUI offense within 10 years can be charged as a felony. A third offense within 10 years remains a misdemeanor, but it carries substantially higher penalties than a first offense.
