Drunk Driving Defense Laws in Wyoming

You should know what the penalties for drunk driving look like in Wyoming if you are ever arrested on DUI charges. It is important to understand your legal rights and options for defending yourself in court. An experienced Wyoming DUI defense attorney can build a strong defense to help resolve your case.

Wyoming Drunk Driving Laws

Wyoming law defines driving under the influence of alcohol or drugs as when the driver is incapable of operating a vehicle safely or has a BAC of .08% or more or is driving under the influence of an illegal controlled substance.

However, a commercial driver has a lower illegal BAC limit of .04%. Drivers under 21 years old may be charged with a DUI for having a BAC of .02% or more but typically Wyoming enforces special penalties for underage offenders.

Wyoming law does not require the person to be driving or the vehicle to be moving at all, but it does require that the person was in, “actual physical control of the vehicle,” or was in a position in which they would be able to drive the car.

Enhanced Penalties: BAC of 15% or more; driving with a child in the vehicle; driving recklessly; causing physical injuries or death; or having a prior conviction

Wyoming typically considers the first, second, or third offense a misdemeanor charge, including penalties such as:

• First offense: Up to six months imprisonment, up to a $750 fine, 90-day license suspension, a substance abuse and treatment program, and an ignition interlock device (IID) for up to six months
• Second offense: Seven days to six months imprisonment, a $200 to $750 fine, one-year license suspension, a substance abuse program, an ignition interlock device for one year, as well as probation up to one year, and you will not be eligible for probation or release until you actual serve 7 days in  jail.
• Third offense: 30 days to six months imprisonment, a $750 to $3,000 fine, one-year license suspension, a substance abuse program, and an ignition interlock device for three years, as well as probation for up to three years, and you will not be eligible for release and probation until you serve 30 days of local jail. However, if you complete an inpatient treatment program you may be eligible for the judge to consider staying 15 days of that 30-day jail sentence.

The charge is elevated to a felony DUI upon the fourth offense or any more within 10 years with heightened penalties, such as seven years of imprisonment, up to a $10,000 fine, a revocation of driving privileges, and a lifetime ignition interlock requirement if a license is reinstated.