If you’re facing a third DWUI in Wyoming, there’s one question on your mind. Is this offense a felony?
Fortunately, under W.S. 31-5-233(e), a third DWUI within 10 years is still a misdemeanor. But don’t think it is a minor offense. You can still face a mandatory minimum of 30 days in jail, a fine of $750 to $3,000, and a three-year license revocation.
And it gets you closer to a fourth qualifying DWUI, which could then turn into a felony. So, while a third DWUI isn’t a felony, it is a serious turning point in your Wyoming criminal record.
Is a Third DUI a Felony in Wyoming?
There is a lot of conflicting information online. But no, under current Wyoming law, a third DWUI within 10 years is a misdemeanor, not a felony. Remember, a misdemeanor third DWUI is handled differently than a fourth-offense felony. You can face mandatory jail time and a lengthy license revocation.
If you have one more qualifying conviction within the 10 years, that can move the offense into felony territory.
The 10-Year Lookback Period
Wyoming uses a 10-year lookback period to see whether prior DWUI convictions increase the severity of a new offense. In these cases, the law looks at conviction dates, not arrest dates.
Along with that, prior DUI or DWUI convictions from another state can also count. Even tribal court convictions may count. That means you shouldn’t assume a prior offense doesn’t matter because it happened outside Wyoming or several years ago. You will need help from your DUI defense attorney to review the actual records and conviction dates to determine how Wyoming law applies.
Third DWUI Penalties in Wyoming
Under W.S. 31-5-233(e), a third DWUI within 10 years is a misdemeanor, but the penalties are more serious than those for a first or second offense. You can face:
- At least 30 days in jail
- Up to six months in jail
- A $750 to $3,000 fine
- Three years of license revocation
- Two years of ignition interlock requirements
- A mandatory substance use disorder assessment
The 30-day minimum is also important. Wyoming law allows a court to suspend up to 15 of those days if you complete an approved inpatient treatment program after the current violation.
For example, a second DWUI carries a seven-day mandatory minimum.
What Happens to Your License After a Third DWUI?
A third DWUI conviction results in a three-year license revocation, not just a temporary suspension. An ignition interlock device is also required for two years. In some situations, Wyoming’s 24/7 Sobriety Program may be substituted for the ignition interlock requirement.
There’s also a separate administrative license process. If your BAC was 0.08% or higher, WYDOT may impose an administrative suspension following the arrest. You have 20 days from the date of notice to request a hearing.
You should never assume your criminal court date is the only deadline that is important. The administrative license case and criminal DWUI case are separate.
When Can a Third DWUI Become a Felony?
While a standard third DWUI is a misdemeanor, there are some circumstances that can lead to felony charges. A DWUI involving serious bodily injury can carry felony penalties, including up to 10 years in prison for a first conviction. There are also enhanced consequences when a child under 16 is a passenger. A second conviction under the child-passenger law can be a felony.
And when impaired driving results in a death, more serious felony charges can apply, including aggravated homicide by vehicle.
Why You Should Take a Third DWUI Seriously
A third DWUI is not a felony, but it is also not something to treat like another traffic ticket. You could be facing mandatory jail, a three-year license revocation, an ignition interlock requirement, and a substantial fine. More importantly, a fourth qualifying conviction can put you in felony territory.
If you’re facing a third DWUI in Wyoming, Just Criminal Law can help you understand what you’re facing and what options may be available in your case. There may also be questions about the traffic stop, field sobriety testing, chemical testing, or the accuracy of prior conviction records. Those details deserve careful review before you decide how to handle the charge.
A third DWUI in Wyoming carries a mandatory 30-day jail minimum and a 3-year license revocation. One more conviction is a felony. Call Just Criminal Law at (307) 667-0630 for a case evaluation – available 24/7.
Frequently Asked Questions
Is a third DUI a felony in Wyoming?
No. A third DWUI within 10 years is a misdemeanor. However, it carries a mandatory minimum of 30 days in jail, a $750 to $3,000 fine, and a three-year license revocation. A fourth qualifying offense within 10 years is a felony.
When does a DWUI become a felony in Wyoming?
A standard DWUI becomes a felony on the fourth qualifying conviction within 10 years. However, cases involving serious bodily injury, a child passenger, or death can result in felony charges even when the standard DWUI offense level would be lower.
How long is the lookback period for DWUI convictions in Wyoming?
Wyoming uses a 10-year lookback period when deciding whether prior DWUI convictions increase the severity of a new offense. Qualifying out-of-state and tribal court convictions can count, so it’s important to review the actual conviction records and dates.
