Wyoming DWUI Laws & Penalties
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Wyoming says 'driving while under the influence' (DWUI). Uses both a 2-year and a 10-year window for different enhancement effects.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year lookback for the felony trigger; a 2-year window sharpens some second/third jail exposure. 4th within 10 = felony.
- Primary statute: Wyo. Stat. § 31-5-233
0.15+ mandates a 6-month IID on a first offense; escalating IID terms on repeats regardless of BAC.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | none – 6 months | $0–$750 (up to $750 plus costs) | 90-day suspension – 90 days; hardship: probationary license; IID if 0.15+ | Not required |
| Second offense | misdemeanor (within 10 years) | 7 days – 6 months (1 year if second within 10 years); mandatory min 7 days | $200–$750 ($200–750) | 1-year suspension – 1 year; hardship: IID 1 year mandatory (regardless of BAC) | Required |
| Third offense | misdemeanor (within 10 years) | 30 days – 6 months; mandatory min 30 days | $750–$3,000 | 3-year suspension – 3 years; hardship: IID 2 years mandatory | Required |
| Fourth+ offense | felony (4th within 10 years) | none fixed (up to 7 years prison) – 7 years; mandatory min per felony sentencing | $0–$10,000 (up to $10,000) | IID for LIFE (petition for removal every 5 years) – life; hardship: IID-life with removal petitions | Required |
First offense
- Classification: misdemeanor
- Jail: none – 6 months
- Fine: $0–$750 (up to $750 plus costs)
- License suspension: 90-day suspension – 90 days; hardship: probationary license; IID if 0.15+
- Alternative disposition: Substance-abuse assessment; probation common; no formal charge-dismissal diversion statewide.
- Interlock: IID 6 months mandatory if BAC 0.15+ on a first offense.
Second offense
- Classification: misdemeanor (within 10 years)
- Jail: 7 days – 6 months (1 year if second within 10 years); mandatory min 7 days
- Fine: $200–$750 ($200–750)
- License suspension: 1-year suspension – 1 year; hardship: IID 1 year mandatory (regardless of BAC)
Third offense
- Classification: misdemeanor (within 10 years)
- Jail: 30 days – 6 months; mandatory min 30 days
- Fine: $750–$3,000
- License suspension: 3-year suspension – 3 years; hardship: IID 2 years mandatory
Fourth+ offense
- Classification: felony (4th within 10 years)
- Jail: none fixed (up to 7 years prison) – 7 years; mandatory min per felony sentencing
- Fine: $0–$10,000 (up to $10,000)
- License suspension: IID for LIFE (petition for removal every 5 years) – life; hardship: IID-life with removal petitions
- Lifetime IID (with 5-year removal-petition option) is Wyoming's signature 4th-offense sanction.
Refusing a chemical test (implied consent)
Refusal: 6-month suspension first (18 months for subsequent refusals). Refusal admissible.
Statute: Wyo. Stat. § 31-6-102
Ignition interlock
IID mandatory for any 0.15+ first offense (6 months) and for all repeat offenses regardless of BAC (1 year 2nd, 2 years 3rd, life for 4th with removal petitions).
Statute: Wyo. Stat. § 31-5-233(g)
Frequently asked questions
What is the penalty for a first DWUI in Wyoming?
A first DWUI in Wyoming is a misdemeanor. Jail: none – 6 months. Fine: $0–$750 (up to $750 plus costs). License suspension: 90-day suspension – 90 days; hardship: probationary license; IID if 0.15+.
What is the legal BAC limit in Wyoming?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Wyoming look back at prior DWUI offenses?
10 years. 10-year lookback for the felony trigger; a 2-year window sharpens some second/third jail exposure. 4th within 10 = felony.