Wyoming DUI Laws & Penalties

Critical Points of Wyoming’s DUI Laws & Penalties

• Blood Alcohol Concentration (BAC) Limits:
  • For drivers aged 21 and over, the legal BAC limit is 0.08%.
  • Commercial drivers have a lower limit of 0.04%.
  • For drivers under the age of 21, Wyoming enforces a zero-tolerance policy, meaning any detectable amount of alcohol can result in a DUI charge.
• Implied Consent Law:
  • Wyoming operates under an implied consent law, which means that by driving in the state, you automatically consent to BAC testing if you are suspected of DUI. Refusing to submit to a BAC test can result in automatic license suspension and other penalties.

Table of Contents

• First Offense Penalties
• Second Offense Penalties
• Third Offense Penalties
• Underage DUI Penalties
• CDL DUI Penalties
• DUI Aggravating Circumstances
• Additional Consequences
• DUI Education Classes
• Ignition Interlock Requirements
• Implied Consent Law
• Driver License Hearings
• DUI Lawyers

Penalties for a First Offense DUI in Wyoming

In Wyoming, the penalties for a first-offense DUI are as follows:

• Jail time: Up to 6 months, though no minimum jail sentence exists.
• Fines: Up to $750, plus additional court costs.
• License suspension: 90 days.
• Ignition interlock device: Required for six months if the blood alcohol concentration (BAC) was .15% or higher.
• DUI classes: Offenders are required to complete a DUI education program.

It’s important to note that even if your BAC is below the legal limit of .08%, you can still be arrested for DUI if you exhibit signs of impairment. Additionally, refusing to submit to a BAC test as requested during a DUI stop will result in a 6-month license suspension for a first offense.

These penalties highlight the serious approach Wyoming takes towards DUI offenses, emphasizing both punitive measures and corrective education to discourage impaired driving​ (DUI Process)​.

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Penalties for a Second Offense DUI in Wyoming

The penalties for a second DUI offense in Wyoming are more severe than a first offense. Here are the details:

• Jail time: A minimum of 7 days up to 6 months.
• Fines: Between $200 and $750, plus court costs.
• License suspension: 1 year, with no eligibility for a probationary license during this period.
• Ignition interlock device: Required for 1 year from the date of conviction.
• DUI classes: Offenders must attend a state-approved substance abuse program at their own expense.

These penalties reflect Wyoming’s increasing severity for repeat DUI offenses, aimed at deterring DUIs and promoting public safety​ (dui.drivinglaws.org)​​ (DUI Process)​.

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Penalties for a Third Offense DUI in Wyoming

For a third DUI offense in Wyoming, the penalties are significantly stricter to deter repeat offenses and ensure road safety:

• Jail time: Minimum of 1 month to a maximum of 6 months.
• Fines: Ranging from $750 to $3,000, plus associated court costs.
• License suspension: 3 years.
• Ignition interlock device: Required for 2 years following conviction.
• DUI classes: Offenders must participate in a state-approved substance abuse program at their expense.

These measures are part of Wyoming’s efforts to address and reduce the risk of habitual driving under the influence​ (dui.drivinglaws.org)​​ (DUI Process)​.

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Penalties for an Underage DUI in Wyoming

Underage DUI penalties in Wyoming are part of the state’s “zero tolerance” laws aimed at drivers under the age of 21. These laws are stricter than those for adult DUI offenses, reflecting the seriousness with which Wyoming addresses underage drinking and driving. Here’s a summary of the penalties for underage DUI:

• First Offense: A blood alcohol concentration (BAC) of .02% or greater can lead to a license suspension for 90 days. This reflects the state’s zero tolerance policy for underage drinking and driving.
• Second Offense: If a second violation occurs within 2 years of the first, the individual faces a license suspension of up to 6 months.

For underage individuals arrested with a BAC of .08% or higher, the penalties align with those imposed on adults, including fines, potential jail time, and other DUI penalties applicable under Wyoming law.

These measures underscore Wyoming’s commitment to deterring underage drinking and driving, emphasizing the importance of safety and legal compliance for all drivers, regardless of age​ (dui.drivinglaws.org)​​ (DUI Process)​.

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CDL DUI Penalties

For individuals holding a Commercial Driver’s License (CDL) in Wyoming, DUI laws impose stricter blood alcohol concentration (BAC) limits and harsher penalties, recognizing the greater responsibility of operating commercial vehicles. Here are key points regarding CDL DUI laws and penalties in Wyoming:

• BAC Limit for CDL Holders: The legal BAC limit for CDL holders operating commercial vehicles in Wyoming is .04%, which is half the standard .08% limit for non-commercial drivers.
• First Offense: A first DUI offense can lead to the revocation of the CDL for 1 year. This penalty underscores the severity with which Wyoming treats DUI offenses among commercial drivers, given the potential risk to public safety.
• Second Offense: A second DUI offense results in a lifetime revocation of the CDL. This measure reflects Wyoming’s zero-tolerance policy towards repeat DUI offenses among commercial drivers.
• Hazardous Materials: For CDL holders arrested for a DUI while transporting hazardous materials, the penalties are even more severe. A first offense can lead to a 3-year revocation of the CDL, emphasizing the heightened risk involved in such circumstances.
• Measurable Alcohol Levels Below .04%: CDL operators found to have any measurable amount of alcohol below .04% will receive an “out-of-service” notice and are not allowed to drive for the next 24 hours. This policy aims to ensure that commercial drivers maintain the highest level of sobriety while operating vehicles.

These laws and penalties reflect Wyoming’s commitment to maintaining safe roadways and highlight the increased responsibilities and expectations placed on CDL holders​ (DUI Process)​.

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Aggravated DUI Circumstances

In Wyoming, DUI laws specify certain aggravating factors that can significantly increase the penalties for a DUI conviction. These factors include:

• High Blood Alcohol Concentration (BAC): Penalties are more severe for those who are found driving with a BAC significantly above the legal limit, specifically 0.15% or higher.
• Accidents Causing Injury: If the DUI results in an accident where someone is hurt, the penalties become more severe.
• Driving with a Minor: Penalties are increased for those caught driving under the influence with a passenger under the age of 16 in the vehicle.

These aggravating factors reflect the state’s commitment to road safety and its intention to impose harsher penalties on those DUI offenses that present greater risks to the public. For instance, transporting a minor while impaired is seen as particularly egregious, with the law mandating penalties above the normal limits, including potential jail time of up to one year or even five years if the offender has prior DUI convictions.

Understanding the presence of any aggravating factors in a DUI case is crucial as they directly impact the severity of the penalties imposed. It’s also important to remember that the number of prior DUI convictions within a specific timeframe plays a significant role in determining the severity of penalties under Wyoming law. If facing DUI charges, especially under circumstances involving aggravating factors, consulting with a DUI attorney can be critical to navigating the complexities of the legal system and potentially mitigating the consequences​ (www.alllaw.com)​​ (Cowboy Country)​.

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Additional Consequences

Beyond the direct legal penalties for a DUI conviction in Wyoming, such as fines, jail time, and license suspension, there are several additional consequences that can significantly impact an individual’s life:

• Insurance Rates: A DUI conviction typically results in increased car insurance premiums. Insurance companies may consider you a high-risk driver, which can lead to higher costs for obtaining the required SR-22 insurance policy.
• Employment Impact: Having a DUI on your record can affect current and future employment opportunities. Some employers may have policies against hiring individuals with DUI convictions, especially if the job involves driving.
• Educational Opportunities: Students may face disciplinary action from their educational institutions, including suspension or expulsion. Furthermore, a DUI conviction could affect eligibility for certain scholarships or participation in college or university programs.
• Professional Licenses: Individuals in professions that require licensing, such as healthcare, law, and education, may face additional scrutiny, disciplinary action, or even revocation of their professional licenses.
• Travel Restrictions: Some countries, including Canada, may deny entry to individuals with a DUI conviction, affecting your ability to travel internationally.
• Social Stigma: The societal impact of a DUI conviction can be significant, with individuals often facing stigma from family, friends, and the community.
• Financial Strain: The cumulative cost of fines, legal fees, increased insurance rates, and potential loss of employment can create significant financial strain.
• Ignition Interlock Device (IID): The requirement to install and maintain an IID in your vehicle not only adds to the financial burden but also serves as a daily reminder of the conviction.

These consequences highlight the broader impact of a DUI conviction on an individual’s life, extending well beyond the immediate legal penalties. It’s important for those facing DUI charges to understand the full range of potential impacts and seek legal advice to navigate the complexities of the situation​ (www.alllaw.com)​​ (Cowboy Country)​.

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DUI Education Classes

In Wyoming, DUI education class requirements vary depending on the specifics of the offense and whether it’s a first-time or subsequent offense. Generally, first-time offenders are required to complete a 10-hour DUI education class. For those with subsequent offenses, a longer course, typically a 16-hour DUI education program, may be required. It’s important to verify with the court, probation officer, or your attorney whether an online DUI class is acceptable for fulfilling this requirement.

Online classes offer various lengths and topics, including understanding DUI laws, the effects of alcohol on the body and driving ability, alcohol myths, and resources for help with alcoholism. These classes are designed to be taken at your own pace and are accessible on multiple devices. Some providers also offer Victim Impact Panels as an additional component of DUI education.

Before enrolling in an online class, it’s crucial to confirm that the online format will be accepted by the authority requiring you to complete the class. Not all states or jurisdictions accept online classes, so direct confirmation from the court or your legal counsel is advisable to ensure that the course you choose will meet the necessary requirements.

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Ignition Interlock Requirements

In Wyoming, ignition interlock devices (IIDs) are used as a preventive measure to deter driving under the influence of alcohol. Here’s a summary of the requirements and conditions under which these devices are mandated:

• What is an Ignition Interlock Device (IID)? It’s a device installed in vehicles to prevent operation by individuals under the influence of alcohol. It requires a breath sample before the engine can start, and periodic breath samples are needed while driving. If the device detects alcohol above a set limit, the vehicle won’t start​ (Wyoming Department of Transportation)​.
• When is an IID Required?
  • After a first DUI conviction with a Blood Alcohol Concentration (BAC) of .15 or above.
  • After a second or subsequent DUI conviction, regardless of BAC level. Circumventing or disconnecting the IID will lead to further legal consequences, including additional driving penalties and an extended period of the ignition interlock requirement​ (Wyoming Department of Transportation)​.
• Process for Obtaining an Ignition Interlock Restricted License:
  • Install a Wyoming-approved IID in any vehicle you plan to drive, which must be done at an approved service center by a Wyoming-certified technician.
  • Provide a copy of the IID installation certificate to the Department of Transportation.
  • File SR-22 insurance with the Department.
  • Apply for a special “IIR” restricted driver’s license.
  • Pay a $50 reinstatement fee, the regular driver license fee, and a $100 ignition interlock administrative fee. Notably, a restricted license will not be issued to those who are not eligible or hold a commercial driver’s license (CDL)​ (Wyoming Department of Transportation)​.
• Assistance for Indigent Persons: Individuals required to operate vehicles equipped with an IID may receive financial assistance covering half the costs of obtaining and using the device. Eligibility is based on participation in the federal supplemental nutrition assistance program (SNAP)​ (Wyoming Department of Transportation)​.

This approach to fighting impaired driving incorporates technology to ensure that repeat offenders or those with high BAC levels at the time of offense cannot operate a vehicle while under the influence, effectively reducing the incidence of impaired driving​ (WYGCID)​.

For detailed information or specific questions regarding the ignition interlock program or device installation, it’s best to consult directly with the Wyoming Department of Transportation or an approved service center.

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Implied Consent Law

Wyoming’s implied consent law stipulates that anyone who drives or is in actual physical control of a motor vehicle within the state automatically agrees to submit to a chemical test of their blood, breath, or urine if lawfully requested by law enforcement. This determines the concentration of alcohol or controlled substances in their system. Notably, Wyoming distinguishes itself by not imposing separate penalties for refusing such tests since 2011, except for commercial driver’s license (CDL) holders, who may face a one-year suspension of their commercial license for refusal. Instead, the law allows for law enforcement to obtain a search warrant to compel a blood draw from those who refuse testing​ (Legal Beagle)​​ (www.alllaw.com)​.

The law also encompasses situations where a person may not be driving but still has actual physical control of the vehicle, indicating the potential to drive. Factors considered include the vehicle’s parking situation, the location of the keys, the position of the person, and whether any vehicle instruments were engaged. The goal is to ascertain if the person could have quickly initiated driving​ (www.alllaw.com)​.

Driving under the influence (DUI) in Wyoming is a serious offense with significant penalties that escalate with subsequent offenses. For example, penalties for a DUI can include jail time, fines, license suspension, and the requirement for an ignition interlock device (IID) installation. Specifically, penalties range from up to six months in jail and fines for a first offense to potentially seven years in prison for a fourth offense within ten years, considered a felony. DUI offenses involving serious bodily injury can also lead to felony charges, with fines and imprisonment depending on the severity of the incident and the offender’s prior DUI history​ (www.alllaw.com)​.

In response to a DUI arrest, apart from criminal penalties, drivers can face administrative penalties, including license suspension and the requirement to carry proof of insurance. A six-month IID restriction for first offenses involving a BAC of .15% or more may be imposed. The law allows for obtaining a restricted IID license, allowing for limited driving privileges during the suspension period​ (www.alllaw.com)​.

For further detailed information on Wyoming’s DUI laws, including the implications of implied consent, penalties for DUI offenses, and the administration of chemical testing, consider consulting legal resources or a qualified attorney knowledgeable about these laws.

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Driver License Hearings

In Wyoming, if you’re arrested for a DUI and face the suspension of your driver’s license, you can request a contested case hearing or a record review. The Office of Administrative Hearings oversees the process for contested case hearings related to driver license actions. If you want to obtain limited driving privileges instead, the Department will conduct a record review. It’s important to submit your request in writing within 20 days of receiving notice from the Department about the action being taken against your license, and you must include the required fee with your request​ (Wyoming Department of Transportation)​.

Following a DUI arrest, you’ll initially face a suspension of your driving privileges from the Wyoming Department of Transportation if you fail a BAC test. During the arrest, you’ll be issued a temporary license valid for 30 days, giving you time to address the DUI charges in court and through administrative hearings. Your license will then be suspended for 90 days for a first offense. It’s crucial to engage experienced attorneys familiar with Wyoming DUI laws as they can represent you in both criminal court and administrative proceedings to contest the suspension or revocation of your license​ (Drivers License Restorers®)​.

To reinstate your driver’s license after the suspension period, you may need to satisfy certain conditions such as installing an ignition interlock device (IID), fulfilling the suspension period, meeting any court-ordered requirements, paying all legal fines and court fees, and providing proof of SR22 insurance. The process for reinstatement can involve applying for limited driving privileges initially, with specific requirements that must be met to have your full driving privileges restored​ (Drivers License Restorers®)​.

For detailed information on the hearing process, how to request a hearing, and guidance through the reinstatement process, please visit the official Wyoming Department of Transportation site related to hearings and record reviews and consider consulting with a qualified DUI attorney in Wyoming.

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DUI Lawyers

If you’re looking for a DUI lawyer in Wyoming, several resources are available to help you find a legal professional who specializes in handling DUI and DWI cases. Platforms like Justia and FindLaw list attorneys across Wyoming, offering a range of services and expertise in DUI/DWI law. These directories provide comprehensive lawyer profiles that include their experience, areas of specialization, contact information, and more. For instance, attorneys like R. Michael Shickich, Pamela T. Parkins, Charles Pelkey, and others are noted for their experience in DUI and DWI legal services​ (Justia)​​ (FindLaw)​.

It’s crucial to seek legal advice as soon as possible after a DUI arrest to navigate the complexities of your case effectively. A qualified attorney can offer guidance through both criminal court proceedings and any administrative hearings related to the suspension or revocation of your driver’s license. They can also advise you on potential defenses, the likelihood of achieving a favorable outcome, and the steps necessary to reinstate your driving privileges if applicable.

For more detailed profiles and to find an attorney who fits your specific needs, consider visiting Justia and FindLaw, where you can browse through listings and select a city in Wyoming to find local DUI & DWI lawyers​ (Justia)​​ (FindLaw)​.

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Additional Wyoming DUI Resources

• Wyoming DUI First Offense – Detailed first offense information including punishments after a first offense DUI in Wyoming.
• Wyoming DUI Classes – Get signed up to complete your required DUI class online today.
• Wyoming SR22 Insurance – Learn everything you need to know about Wyoming SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your Wyoming SR22 insurance.
• Wyoming DUI Lawyers – Contact one of our Wyoming DUI lawyers today to discuss your pending DUI case.
• Wyoming Bail Bond Agents – Contact an Wyoming bail bond agent to get out of jail now.
• Wyoming Non-owner Insurance – If you need an SR-22 filing, but don’t own a vehicle, you need to get a non-owner policy.