Wyoming · DUI · Checked October 2026
DUI Laws in Wyoming
What Happens if You Get a DUI in Wyoming?
Wyoming calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 20 days to challenge your license suspension
- First offense jail
- Up to 6 months
- First offense fine
- Up to $750
- First offense license
- 90 days
- Felony
- A fourth or subsequent DUI conviction within 10 years is a felony: fine of up to $10,000, up to 7 years in prison, or both; plus lifetime ignition interlock (the offender may apply for removal 5 years after conviction and every 5 years after)
Wyoming DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACWyo. Stat. § 31-5-233(b); Wyo. Stat. § 31-5-234(b); Wyo. Stat. § 31-7-307(c)(ii); Wyo. Stat. § 31-5-233(f)(ii)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (a person younger than 21 may not drive or be in actual physical control of a vehicle with an alcohol concentration of 0.02 or more)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 10 years
- Insurance filing
- SR-22, 3 years from the date the suspension or revocation begins; also required for the whole period of an ignition interlock restricted license
Wyoming DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | misdemeanor |
| Jail | up to 6 months | 7 days to 6 months (second conviction within 10 years); at least 7 days must be served before probation or release | 30 days to 6 months (third conviction within 10 years); the 30-day minimum is mandatory, but the court may suspend up to 15 days if the offender completes court-approved inpatient treatment |
| Fine | up to $750 | $200 to $750 | $750 to $3,000 |
| License suspension | 90 days | 1 year (prior conviction within 10 years) | 3-year revocation (two or more prior convictions within 10 years) |
| Ignition interlock | 6 months if the administrative action shows an alcohol concentration of 0.15 or more | 1 year | 2 years |
First offense: Wyo. Stat. § 31-5-233(e), (f)(i)-(ii); Wyo. Stat. § 31-7-128(b)(i) · Second offense: Wyo. Stat. § 31-5-233(e), (f)(iii); Wyo. Stat. § 31-7-128(b)(ii), (c) · Third offense: Wyo. Stat. § 31-5-233(e), (f)(iv); Wyo. Stat. § 31-7-127(a)(ii), (b)
When Penalties Are Higher
- alcohol concentration of 0.15 or more (first conviction): must drive only vehicles with an ignition interlock device for 6 monthsWyo. Stat. § 31-5-233(f)(ii)
- driver 18 or older with a child passenger under 16 in the vehicle: first conviction: up to 1 year in jail, a fine of up to $750, or both; if previously convicted under this provision: up to 5 yearsWyo. Stat. § 31-5-233(a)(vi), (m)
- causing serious bodily injury to another person: fine of $2,000 to $5,000, up to 10 years, or both; up to 20 years if previously convicted under this provision; license revokedWyo. Stat. § 31-5-233(h)
More on Wyoming DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
if you refuse, no test is given unless a search warrant is issued (including a remotely communicated warrant) or serious bodily injury or death resulted; under a warrant a test of the agency's choice may be givenWyo. Stat. § 31-6-102(a), (d)
Official source: if you refuse a breath or blood test in Wyoming
Getting a Probationary License (Limited Driving Privileges)
Granted by WYDOT after a $15 record review, only where denying it would cause undue hardship, and only once in 5 years. For a DUI it is available only if you had no DUI conviction in the 5 years before the latest offense and you complete an alcohol assessment and the alcohol education or treatment WYDOT prescribes (at least an 8-hour DUI class). Not available after a revocation, which includes a third DUI within 10 years. Issuance fee $55 if approved.
Official source: getting a probationary license (limited driving privileges) in Wyoming
Ignition Interlock
First offense: 6 months, only if the administrative action shows an alcohol concentration of 0.15 or more Repeat offenses: 1 year for a second conviction, 2 years for a third, life for a fourth or later (removal may be requested after 5 years) You must apply for an ignition interlock restricted license and install a device in every vehicle you will drive (an employer's vehicle used only for business is exempt). The time counts only once the interlock license is issued. Fees: $50 reinstatement, the regular license fee and a $100 interlock administrative fee; SR-22 required. People eligible for SNAP may have half the device cost paid by the state. The court may order a 24/7 sobriety program instead of or in addition to the interlock. Not issued to CDL holders.
Can a DUI Come Off Your Record?
a misdemeanor DUI conviction may be expunged by petition to the convicting court; felony expungement is limited to certain felonies Waiting period: at least 5 years after the sentence ends, including probation and any court-ordered program Petition the convicting court with a $100 filing fee, served on the prosecuting attorney and the Division of Criminal Investigation. The court may grant it if you do not represent a substantial danger. Not available if the misdemeanor involved a firearm, and only one expungement is allowed under this section.
Drivers Under 21
drivers under 21 may not drive with an alcohol concentration of 0.02 or more first: misdemeanor, fine up to $750, 90-day license suspension (6 months if there is a prior violation or a DUI conviction within 2 years); second within 1 year: up to 1 month in jail and/or $750; third or later within 2 years: up to 6 months and/or $750; interlock 6 months if 0.15 or more on a first conviction
Driving After Using Drugs
yes: the same statute covers driving under the influence of a controlled substance, or alcohol combined with a controlled substance, to a degree that makes you incapable of safely driving; 'controlled substance' includes inhalants and any drug capable of impairing you, and being legally entitled to use the substance is not a defense
More on DUI Law in Wyoming
For the state's own guidance, see WYDOT Driver Services: Suspensions and Ignition Interlock.
This page summarizes Wyoming law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Wyoming can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Wyoming?
Jail: up to 6 months. Fine: up to $750. License suspension: 90 days.
How Long Do You Have to Request a License Hearing in Wyoming?
20 days. How it is counted: the date of the notice of suspension given by the officer; WYDOT says the written request must be received or postmarked within 20 days of the date you were given notice. In writing to WYDOT Driver Services with the required fee (a $25 fee for a contested hearing before the Office of Administrative Hearings; $15 for a record review if you only want limited driving privileges); WYDOT's preferred Hearing/Record Review request form is on its Forms page. A timely request stays the suspension until the hearing order and any appeal. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Wyoming?
a fourth or subsequent DUI conviction within 10 years is a felony: fine of up to $10,000, up to 7 years in prison, or both; plus lifetime ignition interlock (the offender may apply for removal 5 years after conviction and every 5 years after)
Do You Need an SR-22 After a DUI in Wyoming?
Yes. How long: 3 years from the date the suspension or revocation begins; also required for the whole period of an ignition interlock restricted license. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.