Wyoming DWUI Laws: Penalties, BAC & License (2026)

In Wyoming the offense is called driving while under the influence (DWUI), and Wyoming Statute 31-5-233 makes it unlawful to drive with an alcohol concentration of 0.08 percent or more. A first DWUI is a misdemeanor punishable by up to six months in jail, a fine of up to $750, and a 90-day driver license suspension, and prior convictions count under a 10-year look-back period.

This guide is part of our DUI Laws by State series.

What counts as a DWUI in Wyoming

Wyoming charges the offense as driving while under the influence (DWUI) under Statute 31-5-233. The statute creates two ways to prove the offense. A person can be convicted for driving with an alcohol concentration of 0.08 percent or more under the per se rule, or for driving to a degree that renders the person incapable of safely driving while under the influence of alcohol, a controlled substance, or a combination. Because the impairment theory does not require a specific number, a driver under 0.08 can still be charged if impaired. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a 0.02 percent zero-tolerance rule. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense DWUI penalties in Wyoming (jail, fines, suspension)

A first DWUI under Statute 31-5-233 is a misdemeanor. According to the statute, a first offense is punishable by imprisonment for not more than six months, a fine of not more than $750, or both, with no mandatory minimum jail term on a standard first offense. The court typically can impose probation in place of jail, with conditions that may include a substance abuse evaluation, which the offender must complete before sentencing. Separately, the Wyoming Department of Transportation suspends the driver license for 90 days based on the arrest, independent of the criminal sentence. A first offender may be eligible for a probationary or restricted license to keep driving for essential needs. The driver may also be required to maintain proof of financial responsibility (an SR-22).

Watch out: The WYDOT 90-day license suspension runs on a separate track from the criminal case. You can resolve the criminal charge and still lose your license, and you generally must request a hearing within 20 days of the notice of suspension to contest it.

Ignition interlock requirements in Wyoming

Wyoming does not require an ignition interlock device on every first DWUI, which sets it apart from states that mandate the device for all offenders. Under Statute 31-5-233, an interlock is required for six months on a first offense only when the chemical test showed a BAC of 0.15 percent or higher. A standard first offense below 0.15 percent does not carry a mandatory interlock, although the court may order one or order participation in the 24/7 sobriety program. For repeat offenses the interlock requirement is longer, a second conviction generally requiring one year and a third two years, and a fourth or subsequent felony conviction requires an interlock for the remainder of the person's life, subject to a petition for removal five years after conviction. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading.

License suspension and the administrative process in Wyoming

Wyoming runs two proceedings at once. The criminal case decides guilt and the jail or fine, while the Wyoming Department of Transportation separately suspends the driving privilege based on the arrest. When a driver registers a BAC of 0.08 percent or more, the officer takes the license and issues a temporary 30-day permit, and unless the driver requests a hearing within 20 days, WYDOT suspends the license for 90 days on a first offense. The administrative suspension is independent of the criminal outcome. A driver who needs to drive may be eligible for a probationary license. To reinstate, the driver must serve the suspension, complete any required substance abuse evaluation and program, install an interlock if required, file proof of insurance where required, and pay reinstatement fees. The 24/7 sobriety program can serve as an alternative monitoring condition in some cases.

Repeat offenses and the Wyoming look-back period

Wyoming counts prior DWUIs within a 10-year look-back window, so penalties escalate for offenses inside that period. A second DWUI within 10 years carries a mandatory minimum of seven days in jail and a higher fine, and a third within 10 years carries a mandatory minimum of 30 days and an even higher fine, both as misdemeanors. The felony threshold is the fourth offense: under Statute 31-5-233, a fourth or subsequent DWUI conviction within 10 years is a felony punishable by imprisonment for not more than seven years, a fine of not more than $10,000, or both, and a lifetime interlock requirement. Aggravated homicide by vehicle and serious-injury DWUI are felonies regardless of offense number. The look-back is measured by the dates of prior convictions within the 10-year window.

Watch out: Refusing the chemical test does not let you avoid the case. Wyoming no longer suspends a regular driver's license just for refusing, but the officer can obtain a search warrant and draw your blood anyway, and the refusal can be used as evidence against you in court.

Refusing a breath or blood test in Wyoming

Wyoming's implied consent law, in Statute 31-6-102, provides that by driving in the state you have agreed to a chemical test of blood, breath, or urine if lawfully arrested for DWUI. Wyoming changed this law in 2011: as the Legislature's Service Office summary explains, the old administrative license-suspension penalty for refusing was repealed, so a regular (non-commercial) driver who refuses does not lose the license simply for refusing. Instead, the arresting officer typically seeks a search warrant, often a remotely communicated e-warrant, and a blood sample may then be drawn by force if necessary. Refusal can still be offered as evidence in the criminal case. Commercial driver license holders are the exception: a CDL holder who refuses faces a one-year disqualification of commercial driving privileges, as the Wyoming Department of Transportation lists among its mandatory CDL violations.

Can you expunge or seal a DWUI in Wyoming

Wyoming allows expungement of a misdemeanor DWUI conviction in limited circumstances, unlike many states that bar DUI expungement entirely. Under Statute 7-13-1501, a person convicted of a misdemeanor may petition to expunge the conviction after a waiting period, generally five years after completing the sentence for a non-status offense. Felony DWUIs are not eligible for expungement, and a separate statute (7-13-1401) covers only arrests and dismissed or non-conviction cases, not guilty pleas. An expungement does not erase the conviction for purposes of the 10-year look-back, so a prior still counts toward enhancing a later DWUI even if the record is sealed from public view. The waiting periods and eligibility rules are specific, and a person with other convictions may not qualify.

What to do after a DWUI arrest in Wyoming

A Wyoming DWUI creates two separate matters: a criminal case in court and an administrative license case at WYDOT. The deadlines are short, so a common first step is to act quickly on the notice of suspension, because failing to request a hearing within 20 days generally means the 90-day suspension takes effect automatically when the temporary permit expires. The criminal case moves on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. The hearing request is due within 20 days of the notice, so ask a Wyoming DWUI lawyer for a free consultation on the suspension notice and the court case (attorney advertising). Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.

More Wyoming Laws

• Wyoming Expungement Laws
• Wyoming Warrant Search

Frequently Asked Questions

What is the BAC limit in Wyoming?

The per se limit is 0.08 percent BAC under Statute 31-5-233. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance rule. A driver can also be convicted below 0.08 if impaired to a degree that makes safe driving impossible.

How long do you lose your license for a first DWUI in Wyoming?

A first DWUI carries a 90-day driver license suspension imposed by the Wyoming Department of Transportation based on the arrest. A driver may be eligible for a probationary license to keep driving for essential needs during the suspension.

Is a first DWUI a felony in Wyoming?

No. A first DWUI is a misdemeanor punishable by up to six months in jail and a fine of up to $750. Under Statute 31-5-233, a fourth DWUI within 10 years is a felony carrying up to seven years in prison. Serious-injury and homicide-by-vehicle DWUIs are felonies regardless of offense number.

Do you need an interlock for a first DWUI in Wyoming?

Only if the BAC was high. An ignition interlock device is required for six months on a first offense when the chemical test showed 0.15 percent or higher. A standard first offense below 0.15 percent does not mandate an interlock, though the court may order one or the 24/7 sobriety program.

What happens if you refuse a breathalyzer in Wyoming?

Wyoming changed its implied consent law in 2011, so refusing the chemical test no longer suspends a regular driver's license by itself. Instead, the officer can obtain a search warrant, often a remote e-warrant, and draw your blood, and the refusal can be used as evidence. A commercial driver who refuses faces a one-year CDL disqualification.

Does refusing a breath test suspend your license in Wyoming?

Not for a regular driver. Wyoming repealed the administrative suspension for refusal in 2011, so refusing does not by itself cost a non-commercial driver the license; police instead seek a warrant for a blood draw. Only commercial driver license holders face a suspension, a one-year CDL disqualification.

How long does a DWUI stay on your record in Wyoming?

A DWUI counts as a prior for 10 years under the look-back period and stays on the [criminal record](/how-long-does-a-felony-stay-on-your-record-a-state-by-state-overview) unless expunged. A misdemeanor DWUI may be expunged under Statute 7-13-1501 after a five-year waiting period, but the conviction still counts for look-back purposes.

Can you get a DWUI expunged in Wyoming?

A misdemeanor DWUI can be expunged under Statute 7-13-1501 after a waiting period, generally five years after completing the sentence, if you meet the eligibility rules. Felony DWUIs are not eligible, and an expungement does not remove the conviction from the 10-year look-back.

What is the look-back period for DWUI in Wyoming?

Wyoming uses a 10-year look-back period. Prior DWUI convictions within 10 years count toward second-offense, third-offense, and felony status under Statute 31-5-233, and a fourth offense within that window is a felony.