Wyoming DUI Laws
Last reviewed July 2026 · 4 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
10-year window
Wyoming prosecutes impaired driving as DUI under Wyo. Stat. § 31-5-233. The per se limit is 0.08 (within 2 hours of driving), and the offense also covers impairment by alcohol, controlled substances, or combined influence. The penalty ladder uses a 10-year lookback: a first offense is a misdemeanor (≤6mo/≤$750); a second requires mandatory 7 days ($200–$750); a third requires mandatory 30 days ($750–$3,000); a fourth or subsequent is a FELONY (≤$10,000/≤7yr). IID is mandatory on a first offense only if BAC ≥ 0.15 (6 months), then mandatory on every subsequent offense: 1 year (2nd), 2 years (3rd), and LIFE for a 4th+ (removable by court petition every 5 years). The 24/7 sobriety program may substitute for IID under § 31-5-233(n). DUI causing serious bodily injury is a separate felony ($2K–$5K/≤10yr; ≤20yr if prior). DUI with a child passenger under 16 carries enhanced penalties (≤1yr for 1st; ≤5yr for 2nd+). A substance-use-disorder assessment is required before sentencing. The under-21 threshold is 0.02; the commercial threshold is 0.04.
Wyoming DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (misdemeanor) | $0–$750 (No mandatory minimum fine for a first offense. A substance-use-disorder assessment is required at or before sentencing (§ 31-5-233(e)).; Maximum $750 (§ 31-5-233(e)).) | 0 days–6 months (No mandatory minimum jail for a first offense.; Maximum 6 months (§ 31-5-233(e)).) | Suspended for 90 days — A PRE-CONVICTION administrative suspension of 90 days under § 31-6-102(e), triggered when a test result shows BAC ≥ 0.08 (not on refusal — see impliedConsent). § 31-7-127 (mandatory revocation on conviction) does NOT apply to a first offense (it requires two or more prior convictions, per § 31-7-127(a)(ii)). The 90-day admin suspension is credited against any later conviction revocation (§ 31-6-102(e)). IID is required for 6 months if BAC ≥ 0.15 (§ 31-5-233(f)(ii)); otherwise no IID on a first. | Required if BAC ≥ 0.15 (6 months) |
| Second offense within 10 years (misdemeanor) | $200–$750 (Mandatory minimum $200 (§ 31-5-233(e)).; Maximum $750 (§ 31-5-233(e)).) | 7 days–6 months (Mandatory 7 days, non-suspendable until served (§ 31-5-233(e)).; Maximum 6 months (§ 31-5-233(e)).) | Suspended for 90 days — A PRE-CONVICTION administrative suspension of 90 days under § 31-6-102(e) if the test result shows BAC ≥ 0.08. § 31-7-127 (mandatory revocation on conviction) does NOT apply to a second offense (it requires two or more prior convictions). IID is MANDATORY for 1 year under § 31-5-233(f)(iii). | Required (1 year–1 year) |
| Third+ offense within 10 years (misdemeanor at 3rd; felony at 4th+) | $750–$10,000 (THIRD offense: $750–$3,000 (§ 31-5-233(e)). FOURTH+ felony: ≤$10,000 (§ 31-5-233(e)).; FOURTH+ felony max $10,000 (§ 31-5-233(e)). THIRD offense max $3,000.) | 1 month–7 years (THIRD offense: mandatory 30 days (15 days suspendable on inpatient-treatment completion) (§ 31-5-233(e)). FOURTH+ felony: up to 7 years (no mandatory minimum stated beyond the felony sentencing range). DUI causing serious bodily injury (§ 31-5-233(h)): ≤10yr; ≤20yr if prior.; THIRD offense max 6 months. FOURTH+ felony max 7 years. SERIOUS INJURY max 20 years (§ 31-5-233(h)(ii)). The structured max (2,555 days = 7 yr) reflects the 4th+ felony ceiling; the serious-injury sub-case reaches 20 years (7,300 days) but is a separate offense.) | Revoked for 1095 days — On a THIRD-or-subsequent conviction (two or more priors within 10 years), § 31-7-127(a)(ii) mandates a 3-YEAR (1,095-day) license revocation (§ 31-7-127(b)). The pre-conviction 90-day admin suspension under § 31-6-102(e) (if a 0.08+ test result) is credited against this revocation. NOTE: the LIFETIME consequence in Wyoming is the IID, not the license — § 31-5-233(f)(v) requires a 4th+ offender to operate only IID-equipped vehicles for the remainder of their life (see ignitionInterlockDuration), removable by court petition every 5 years; the license itself is restorable after the 3-year revocation. | Required (2 years) |
Frequently asked questions
What is the legal BAC limit in Wyoming?
The per se limit is 0.08% (Wyo. Stat. § 31-5-233(b)(i)), measured by blood, breath, or urine within 2 hours of driving. The offense also covers impairment by alcohol, controlled substances, or combined influence. A BAC ≥ 0.15 triggers mandatory IID on a first offense. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.
What are the penalties for a first DUI in Wyoming?
A first offense is a misdemeanor (§ 31-5-233(e)): ≤6 months jail and/or ≤$750 fine, plus a substance-use-disorder assessment. If BAC ≥ 0.15, IID is mandatory for 6 months. A 90-day administrative license suspension applies under § 31-6-102(e) if the test shows BAC ≥ 0.08.
What are the penalties for a second DUI in Wyoming?
A second offense within 10 years (§ 31-5-233(e)): mandatory 7 days jail (non-suspendable until served), $200–$750 fine, up to 6 months total. IID is MANDATORY for 1 year.
When does a Wyoming DUI become a felony?
A FOURTH offense within 10 years is a FELONY (§ 31-5-233(e)): ≤$10,000 and/or ≤7 years, with LIFE IID (removable by petition every 5 years). DUI causing serious bodily injury is also a felony ($2,000–$5,000/≤10yr; ≤20yr if prior) under § 31-5-233(h).
Does Wyoming require an ignition interlock device after a DUI?
IID is mandatory on a second offense (1 year), a third (2 years), and LIFE for a 4th+ (removable by court petition every 5 years). On a first offense, IID is mandatory only if BAC ≥ 0.15 (6 months). The 24/7 sobriety program may substitute for IID under § 31-5-233(n).
What happens if I refuse the breath or blood test in Wyoming?
Wyoming does NOT impose a fixed license suspension for refusing. Instead, if you refuse, the officer can seek a search warrant (including a remotely-communicated warrant) and have the test administered anyway — or, in a serious-injury or fatal crash, test without a warrant (§ 31-6-102(d)). Do not confuse refusal with a failed test: the 90-day administrative suspension under § 31-6-102(e) applies only when a test result shows BAC ≥ 0.08. Refusal is not a separate crime in Wyoming, but it is admissible as evidence at trial.
How long do prior DUIs count against me in Wyoming?
Wyoming uses a 10-year lookback window (§ 31-5-233(e)). Out-of-state, tribal, and municipal-ordinance equivalent convictions count.
What if my Wyoming DUI causes serious injury?
DUI causing serious bodily injury (§ 31-5-233(h)) is a felony: $2,000–$5,000 fine and/or ≤10 years. If previously convicted under this subsection, the term increases to ≤20 years. License revocation is mandatory under § 31-7-127 (the serious-injury felony qualifies as "a felony which is the direct result of the manner in which a motor vehicle is driven" under § 31-7-127(a)(i), carrying a 1-year revocation).
Sources
- Wyo. Stat. § 31-5-233 — Driving or Having Control of Vehicle While Under Influence; Penalties (Wyo. Stat., via Justia) — Accessed July 7, 2026
- Wyo. Stat. § 31-6-102 — Test to Determine Alcoholic Content (Implied Consent) (Wyo. Stat., via Justia) — Accessed July 7, 2026
- Wyo. Stat. § 31-7-127 — Mandatory Revocation of Driver's License (Wyo. Stat., via Justia) — Accessed July 7, 2026
- Wyo. Stat. § 31-7-128 — Mandatory Suspension (Under-21) (Wyo. Stat., via Justia) — Accessed July 7, 2026