Perhaps one of the worst decisions we can ever make as responsible drivers is to get behind the wheel after a night out on the town where we imbibed a few too many intoxicating beverages. We may not even be in any condition to make a rational judgment, let alone operate a vehicle. So when you drink and drive you risk your own life, the lives of others and the possibility of serious penalties by the criminal courts and the Wyoming Department of Transportation. If you are a member of the LGBTQ community and are facing Wyoming DWUI charges please contact our Wyoming LGBTQ friendly DWUI lawyers.
DWUI Definition
In Wyoming, you will hear the offense of driving while under the influence of alcohol or drugs referred to as a DWUI. The charge, and the severity of the penalties, will vary depending on: number of prior offenses, your age, your blood alcohol content (BAC) and whether you are dealing with the courts or the DOT.
Both departments have the same base threshold for a DUI or DWUI charge. Meaning it is illegal to drive with a BAC of:
- 0.08% if you are 21 years old or over.
- 0.02% if you are under 21 years old.
- 0.05% any age with other supporting evidence.
- 0.04% if you have a CDL.
Wyoming also has an Implied Consent law. This means if you drive in WY you, by default, agree to take a BAC test if asked to do so by law enforcement. Because of the Implied consent laws, if you refuse to take a chemical BAC test, you can still be charged with a DWUI.
DWUI Administrative Penalties
With a DWUI arrest you will have your driver’s license suspended by the Wyoming Department of Transportation. These suspensions are civil and are referred to as as an Administrative Per Se Suspension. This penalty is separate from any criminal penalties.
Administrative Penalties
If you show a 0.08% or more on a BAC test, the chances are pretty high that you will be arrested at that point. You will be given a temporary license that is good for 30 days. At the end of the 30 days your driver’s license will be suspended for 90 days.
If you refuse a chemical test you will fair even worse. By refusing a test or tests you will have your license suspended from 6 to 18 months even on a 1st offense.
You are entitled to a hearing to contest the suspension. If you wish to request a hearing you must apply for one within 20 days of your arrest. The information to apply for a hearing will be on the temporary driver’s license paper or the notice of suspension. You can also fill out a Hearing or Record Review Request (Form Hearing/RR Request) and pay the $25 non-refundable fee. The information on where to return the application is on the form.
An Administrative Per Se Suspension already served before any criminal suspension will be credited towards the DWUI criminal suspension.
DWUI Criminal Penalties
1st offense:
- Fine: Up to $750.
- Jail time: Up to 6 months.
- License suspension 90 days.
2nd offense (within 10 years):
- Fine: Between $200 and $750.
- Jail time: 7 days mandatory behind bars; possible jail time of up to 6 months.
- License suspension: 1 year (If you are serving an Administrative Per Se Suspension 9 months will be added.)
3rd offense (within 10 years):
- Fine: Between $750 to $3,000.
- Jail time: 30 days mandatory; possible jail time of up to 6 months. Individual must undergo alcohol assessment.
- License suspension: License will be revoked for 3 years.
- Not eligible for any limited driving privileges
4th offense (within 10 years):
- Fine: Up to $10,000.
- Jail time: Up to 2 years.
- License revoked 3 years.
We hope you never need one, but a DWUI attorney can help you understand these penalties as well as what you can expect in court.
DWUI Criminal Penalties Under 21
If you are under 21 years old at the time of your arrest you will be facing:
- 1st offense: 90 days.
- 2nd offense: 6 months (within 2 years).
You may be eligible for limited driving privileges depending on your circumstances.
Ignition Interlock Device
In Wyoming there are some circumstance in which you MUST have an Ignition Interlock Device (IID) installed on your vehicle. This device, which prevents your vehicle from starting if you have any measurable alcohol in your system, can be expensive. If you need assistance in paying for your IID you can contact WYDOT Customer Service at (307) 777-4800 to see if you qualify for financial help.
You must have the IID installed by an approved WYDOT vendor. You will be responsible for the installation, maintenance, monitoring and any other applicable fee, to keep the device working properly. You will be required to have an IID if this is your:
- 1st DUI with a BAC of 0.15% or greater: IID required minimum 6 months
- 2nd DUI: IID required minimum 1 year
- 3rd DUI: IID required minimum 2 years
- 4th and subsequent DUI: IID required lifetime (It may be possible to appeal this in court after 5 years).
2nd and subsequent offense are within a period of 10 years from the previous offense.
In order to have a restricted license with your IID you will need to:
- Have an IID installed and have written verification this was completed.
- Have your IID verified by WYDOT.
- Have proof of SR22 insurance.
- Pay the reinstatement fee of $50.
- Pay the $100 restricted license administration fee.
Reinstating Your Driver’s License
In order to reinstate your license after a DWUI suspension you can be required to fill any or all of the following requirements:
- Completed your alcohol.drug evaluation.
- Completed any alcohol/drug treatment that was required.
- Satisfy all withdrawal actions on your driver record.
- Have proof of SR22 insurance.
- Pay the reinstatement fee of $50.
- Finish and pass a examination of the ability to safely drive a vehicle.
- Pay any new license fees.