Wyoming · DUI
Wyoming DUI laws and penalties
Wyoming's legal BAC limit is 0.08%. For a first offense, Wyoming's statute provides jail of up to 6 months, a fine of up to $750, and a license suspension of 90 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Wyoming DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: ask within 20 days
Within 20 days of the date of the notice, ask the department for a hearing; otherwise the right is waived and the 90-day suspension begins 30 days after the notice date. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more a first offender must use only interlock-equipped vehicles for six months (or a 24/7 sobriety program).
Ignition interlock. Required for a first conviction only where the Department finds 0.15 or more (six months).
01Penalties
Wyoming DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 7 days |
| Jail (maximum) | 6 months | 6 months |
| Fine (minimum) | No minimum | $200 |
| Fine (maximum) | $750 | $750 |
| License suspension | 90 days | 1 year |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Wyoming compares
Of the 49 states with a confirmed BAC limit, 48 (Wyoming among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Wyoming requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Wyoming gives 20.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Colorado | 0.08% | 7 days | In some cases | 5 days to 1 year | $600 to $1,000 | 9 months |
| Idaho | 0.08% | 7 days | Required | Up to 6 months | Up to $1,000 | 30 days absolute suspension, then 60 to 150 more days |
| Montana | 0.08% | 30 days | At the judge's discretion | Up to 6 months | $600 to $1,000 | 6 months |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Utah | 0.05% | 10 days | Required | 2 days to 6 months | $700 to $1,000 | 120 days |
| Wyoming (this page) | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Wyoming
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 20 days of the date of the notice, ask the department for a hearing; otherwise the right is waived and the 90-day suspension begins 30 days after the notice date.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Wyoming's statute provides jail of up to 6 months, a fine of up to $750, and a license suspension of 90 days. See the penalties table above.
04Sources
Where Wyoming's figures come from
- Wyo. Stat. § 31-5-233(b) (wyoleg.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · License hearing request · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
Show the exact words behind each figureHide the exact words
- Main statute
Wyo. Stat. § 31-5-233
Wyo. Stat. § 31-5-233(b)
No person shall drive or have actual physical control of any vehicle within this state if the person:
- BAC limit, age 21 and over
0.08%
Wyo. Stat. § 31-5-233(b)(i)
hundredths of one percent (0.08%) or more;
- Higher BAC level
0.15%
Wyo. Stat. § 31-5-233(f)(ii)
where the department's administrative action indicates the person had an alcohol concentration of fifteen one-hundredths of one percent (0.15%) or more, operate only vehicles equipped with an ignition interlock device
- BAC limit under 21
0.02%
Wyo. Stat. § 31-5-234(b)
alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop
- Lookback period
10 years
Wyo. Stat. § 31-5-233(e)
On a second offense resulting in a conviction within ten (10) years after a conviction for a violation of this section or other law prohibiting driving while under the influence
- License hearing request
20 days
Wyo. Stat. § 31-6-102(f)
the person has twenty (20) days from the date of the notice within which to request a hearing from the department
- Ignition interlock, first offense
Required in some cases
Wyo. Stat. § 31-5-233(f)(ii), (n)
where the department's administrative action indicates the person had an alcohol concentration of fifteen one-hundredths of one percent (0.15%) or more, operate only vehicles equipped with an ignition interlock device
- First offense: jail, minimum
None
Wyo. Stat. § 31-5-233(e)
a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
- First offense: jail, maximum
6 months
Wyo. Stat. § 31-5-233(e)
Same passage as above.
- First offense: fine, minimum
No minimum
Wyo. Stat. § 31-5-233(e)
Same passage as above.
- First offense: fine, maximum
$750
Wyo. Stat. § 31-5-233(e)
Same passage as above.
- First offense: license
90 days
Wyo. Stat. § 31-7-128(b)(i)
Ninety (90) days for the first conviction
- Second offense: jail, minimum
7 days
Wyo. Stat. § 31-5-233(e)
he shall be punished by imprisonment for not less than seven (7) days nor more than six (6) months
- Second offense: jail, maximum
6 months
Wyo. Stat. § 31-5-233(e)
Same passage as above.
- Second offense: fine, minimum
$200
Wyo. Stat. § 31-5-233(e)
In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).
- Second offense: fine, maximum
$750
Wyo. Stat. § 31-5-233(e)
Same passage as above.
- Second offense: license
1 year
Wyo. Stat. § 31-7-128(b)(ii)
One (1) year, if the person has been previously convicted once under W.S. 31-5-233 or other law prohibiting driving while under the influence within the ten (10) year period preceding
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.