Wyoming DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Wyoming DUI is charged under W.S. § 31-5-233 (driving under the influence of intoxicating liquor or controlled substances). Wyoming follows the same 0.08% per-se threshold used nationally, but adds an aggravated DUI tier at 0.15% with substantially heavier penalties. The administrative license action and the criminal case run on parallel tracks; both have to be answered separately.

The legal threshold

Wyoming's per-se DUI thresholds:

Adults 21+: 0.08% BAC.
Aggravated DUI: 0.15% BAC and above — heavier mandatory penalties.
Drivers under 21: 0.02% BAC (zero-tolerance, technically labeled "Driving With a Detectable Amount").
Commercial drivers (CDL): 0.04% BAC.
Drivers on DUI probation or with prior DUI convictions: 0.04% BAC.

Wyoming also charges DUI on impairment evidence below the per-se threshold under W.S. § 31-5-233(b)(i) — the impairment subsection that does not require a specific BAC.

Implied consent

Wyoming's implied consent law treats every driver on a Wyoming road as having consented to a chemical test (breath, blood, or urine) when a peace officer has probable cause to suspect impairment. Refusing the test triggers an automatic 6-month license suspension for a first refusal, separate from any DUI conviction outcome. A second refusal within 5 years brings an 18-month suspension; a third brings a 3-year suspension.

The 90-day administrative suspension

After a DUI arrest with a BAC of 0.08% or higher (or after a refusal), the arresting officer typically confiscates the driver's license on the spot and issues a temporary 30-day driving permit. The temporary permit expires after 30 days; thereafter the administrative suspension begins:

90-day suspension for a first DUI (0.08% to 0.149%) without aggravating factors.
6-month suspension for a refusal or for an aggravated DUI (0.15%+).
Longer for repeat offenders or for crashes involving injury.

The 20-day administrative hearing window

You have 20 calendar days from the arrest to request an administrative hearing with WYDOT's Driver Services Division. The hearing is separate from any criminal court proceeding and addresses the narrow questions of probable cause for the stop and arrest, the validity of the chemical test, and any procedural requirements. Winning the administrative hearing does not affect the criminal case but does prevent the administrative suspension from going forward.

First-offense penalties (criminal)

A first-offense DUI conviction in Wyoming typically produces:

Up to 6 months in jail (often suspended on first offenses without aggravating factors).
Up to a $750 fine, plus court costs and surcharges.
A 90-day criminal license suspension (concurrent with the administrative suspension).
Mandatory completion of an alcohol or drug education program.
Possible installation of an Ignition Interlock Device (IID) for at least 6 months.
SR-22 insurance filing for at least 1 year — see Wyoming car insurance.
Probation supervised by the convicting court, typically 6 to 12 months.

Ignition Interlock Devices (IID)

Wyoming requires an IID for all aggravated DUI convictions (BAC 0.15%+) and for any second or subsequent DUI conviction. The device is installed at the driver's expense (typically $70 to $130 per month plus a $100 to $150 install fee) and prevents the vehicle from starting if the driver's breath shows alcohol. IIDs collect rolling-test data that the installer reports to WYDOT; failed tests can extend the IID period or trigger a return to court.

Aggravating factors

Penalties escalate when any of these apply:

BAC at or above 0.15% (aggravated DUI under § 31-5-233).
An accident with injury or property damage.
A child under 16 in the vehicle.
Excessive speed at the time of arrest.
A prior DUI within the lookback window (Wyoming uses lifetime lookback for repeat-offender status, but escalation generally focuses on prior convictions in the last 5 to 10 years).
Refusing a chemical test.

Repeat offenses

A second DUI within 5 years brings mandatory minimum jail time (typically 7 days), longer license suspension (1 year), longer IID requirement, and additional treatment programs. A third DUI within 10 years is a felony in Wyoming, with up to 2 years in prison and a fine up to $5,000. The lifetime felony provision was added in 2014. After any DUI, see suspended license reinstatement and the conviction record page.