Wyoming calls the offense DWUI, driving while under the influence. A first offense is a misdemeanor, but a fourth offense within 10 years is a felony with up to 7 years in prison. Just Criminal Law handles DUI/DWUI defense in Newcastle and Weston County.
Wyoming DWUI Law: What You Need to Know
Wyoming’s DWUI statute, W.S. 31-5-233, has different limits depending on who is driving:
- 0.08% BAC limit for most adult drivers.
- 0.04% BAC limit for commercial drivers operating commercial vehicles.
- 0.02% BAC limit for drivers under 21 years old.
- If the BAC is 0.15% or higher, a mandatory ignition interlock device must be installed, even for first offenses.
Implied Consent and the 20-Day Deadline
By driving in Wyoming, you agree to chemical testing after a lawful arrest, under the implied consent law. If your blood alcohol content is 0.08% or higher, the police officer will give you a notice, and WYDOT will suspend your license for 90 days. Here are the important things to know:
- You have 20 days from the date of the notice to request a hearing to contest the suspension.
- If you miss the deadline, the suspension will start automatically 30 days after the notice.
- This is separate from your criminal case.
DWUI With a CDL: More at Stake
If you drive for a living, DWUI threatens your paycheck, not just your license. A conviction on a commercial vehicle with 0.04% alcohol in your blood or higher, or if you refuse to take a test, means disqualification for at least one year, and possibly longer if you were carrying hazardous materials. CDL (Commercial Driver’s License) holders are also excluded from deferred prosecution.
DWUI Penalties in Wyoming: First Through Fourth Offense
Penalties climb fast within the 10-year lookback window:
- First offense: misdemeanor. Up to 6 months in jail, a fine of up to $750, a 90-day license suspension, and a substance use disorder assessment. A 6-month ignition interlock is applied at 0.15% or higher.
- Second offense: a 7-day minimum in jail that cannot be suspended, up to 6 months, a $200 to $750 fine, a 1-year suspension, and a 1-year interlock.
- Third offense: a minimum 30-day sentence, up to 6 months, $750 to $3,000 fine, 3-year suspension, and 2-year interlock. Completion of inpatient treatment may allow the court to suspend up to 15 days from the minimum sentence.
- Fourth offense: felony. Up to 7 years in prison, up to $10,000 in fines, and an interlock that can last for life.
- Serious bodily injury: a felony with up to 10 years in prison, whatever your record.
A first-time offender may qualify for deferred prosecution, where completing probation can lead to dismissal. This is not available for a second or later DWUI. In some cases, the court may also order the 24/7 Sobriety Program instead of an ignition interlock.
The Reality of a DWUI Arrest in Newcastle
Newcastle is located where US-16 and US-85 meet, a corridor that is patrolled by the Wyoming Highway Patrol and the Weston County Sheriff’s Department, as well as the Newcastle Police Department. Wyoming does not conduct DUI checkpoints, so each stop requires individualized suspicion. This makes traffic stops one of the first things we test.
The practical side is tougher. Assessments, interlocking installation, and treatment programs often involve a drive of approximately 95 to 100 miles to Rapid City or Gillette. Do you pass through South Dakota or Nebraska on your way? A Wyoming DWUI can lead to your home state license through the Driver License Compact.
