Wyoming DUI laws set the standard BAC limit at 0.08% for drivers age 21 and older, with a lower 0.04% limit for commercial drivers and a 0.02% limit for drivers under 21. A first offense DUI conviction can bring a fine and possible jail time, while a fourth or subsequent offense within 10 years becomes a felony carrying a fine of not more than $10,000 and imprisonment of not more than 7 years. This article covers penalty tiers, license suspension, implied consent, and expungement rules under Wyoming Statutes Section 31-5-233.
What The Law Says
Wyoming Statutes Section 31-5-233 makes it unlawful for a person to drive or have actual physical control of a vehicle while under the influence of alcohol or a controlled substance. The statute covers two separate legal paths to a conviction. A driver can be charged for showing signs of impairment or for testing at or above the per se BAC limit, regardless of whether the driver appeared visibly impaired to the arresting officer.
Per se DUI means a chemical test result at or above the legal limit is enough to support a charge on its own. Under the influence DUI instead relies on an officer’s observations, such as erratic driving or failed field sobriety tests. Wyoming law treats these as two ways to prove the same underlying offense, not as separate crimes, and either can result in the identical penalty structure under Section 31-5-233.
The terms DUI and DWUI are used interchangeably in Wyoming to describe the same offense. Some older documents and local usage favor DWUI, meaning driving while under the influence, while DUI is the more common shorthand nationally. Readers researching either term are looking at the identical statute and the identical penalty framework, so there is no legal distinction between the two labels in Wyoming.
Bac Limits By Driver Category
Wyoming sets three separate BAC thresholds depending on who is driving. A standard adult driver age 21 or older is considered under the influence at a BAC of 0.08% or higher. Commercial drivers operating a commercial motor vehicle face a stricter 0.04% threshold, reflecting the higher public safety standard applied to large vehicles and passenger transport under state and related commercial licensing rules.
Drivers under age 21 fall under Wyoming’s youthful driver provisions in Wyoming Statutes Section 31-5-234, which sets a 0.02% threshold. This near zero tolerance standard means a young driver with even a small detectable amount of alcohol can face a charge, separate from the adult 0.08% standard. The lower threshold reflects the fact that alcohol consumption is illegal for this age group generally.
Actual Physical Control Explained
A common misconception is that DUI requires the vehicle to be moving. Wyoming law instead uses the broader concept of actual physical control, meaning a person can be charged even while parked. Under Adams v. State, 697 P.2d 622, decided by the Wyoming Supreme Court in 1985, actual physical control turns on whether a person is in a position to operate the vehicle, not whether the vehicle is actually in motion at the time.
A concrete example illustrates this rule clearly. A driver who pulls over after drinking and sits in the driver’s seat with the engine running or the keys within reach can still meet the legal definition of actual physical control. Courts look at factors such as where the person is seated, whether the keys are accessible, and whether the vehicle could be started, rather than requiring proof that the vehicle was driven on a road.
Who It Applies To
Wyoming’s DUI statute applies to any person operating or in actual physical control of a vehicle on a public road within the state, regardless of residency. Out of state drivers are subject to the same BAC thresholds and penalty structure as Wyoming residents while driving within Wyoming. Commercial drivers face additional scrutiny under the lower 0.04% threshold whenever operating a commercial motor vehicle, even if their personal vehicle use would otherwise fall under the standard 0.08% limit.
Penalties Or Consequences
Penalty severity under Wyoming Statutes Section 31-5-233 increases with each subsequent offense counted within a 10-year lookback period. The current codified statute text does not include a mandatory minimum jail sentence for a first offense. Claims of a new mandatory 10-day minimum jail term for first offenders could not be confirmed against the official 2025 Wyoming Session Laws or the current statute text, so no such mandatory minimum applies under verified law.
A critical nuance affects how prior offenses are counted toward the 10-year lookback. In Rhoads v. State, the Wyoming Supreme Court held that the 10-year lookback period for felony DUI enhancement is measured from the date of the prior offense, not the date the prior case was finally decided in court. This means a person’s case history is counted based on when the earlier incident happened rather than when a court entered judgment on it.
First Offense
A first DUI offense in Wyoming is generally charged as a misdemeanor under Section 31-5-233. The law generally allows for a fine and the possibility of jail time, along with license suspension consequences addressed later in this guide. No mandatory minimum jail term applies to a first offense under the currently verified statute text, distinguishing Wyoming from some other states that impose mandatory minimum confinement even for a first conviction.
Second Offense
A second DUI offense within the statutory lookback period carries increased penalties compared to a first offense under Wyoming Statutes Section 31-5-233. The statute treats repeat offenses within the 10-year window as an aggravating factor, generally allowing for higher fines and increased potential jail exposure compared to a first time offender, reflecting the state’s graduated approach to repeat impaired driving conduct.
Third Offense
A third DUI offense within 10 years continues the escalating penalty structure under Section 31-5-233. Wyoming law generally treats a third offense as a more serious misdemeanor level offense than a first or second, with penalty exposure continuing to increase. The offense still falls short of the felony threshold that applies once a fourth qualifying offense occurs within the statutory lookback window.
Fourth Or Subsequent Offense Felony
A fourth or subsequent DUI offense within 10 years is charged as a felony under Wyoming Statutes Section 31-5-233. The verified statute sets a maximum penalty of a fine of not more than $10,000 and imprisonment of not more than 7 years. This figure corrects a factual error found on at least one competing informational source, which incorrectly cited a lower 2 to 5 year range not supported by the verified codified statute text. A person facing felony level DUI exposure should consult a licensed attorney given the severity of potential consequences.
Underage DUI Penalties
Drivers under 21 face separate penalties under Wyoming Statutes Section 31-5-234 when testing at or above the 0.02% threshold. This youthful driver provision exists alongside the standard adult DUI statute and generally allows for penalties distinct from the adult framework, reflecting the fact that alcohol consumption itself is already unlawful for this age group under separate Wyoming law.
Implied Consent And Chemical Testing
Wyoming Statutes Section 31-6-102 establishes implied consent, meaning a driver operating a vehicle on Wyoming roads is considered to have already agreed to chemical testing if lawfully arrested for DUI. This consent applies to breath, blood, or urine testing requested after an arrest, and it exists automatically as a condition of holding a Wyoming driving privilege rather than something a driver actively signs at the time of a stop.
Field sobriety tests and chemical tests are treated differently under Wyoming law. A driver can generally decline roadside field sobriety tests without an automatic separate penalty for that refusal alone. Refusing a chemical test after a lawful arrest is different, since implied consent under Section 31-6-102 attaches specific consequences to that refusal rather than leaving it penalty free.
Wyoming does not impose a direct criminal penalty for refusing a chemical test itself. Instead, refusal generally triggers license suspension consequences under Wyoming Statutes Section 31-7-128 and allows law enforcement to seek a warrant authorizing a blood draw. This distinguishes refusal consequences, which are civil and license related, from the separate criminal penalties tied to a DUI conviction itself.
Exceptions And Limitations
Ignition interlock devices are used in Wyoming as part of the penalty and license reinstatement framework following a DUI conviction. An ignition interlock device functions like a breathalyzer connected to the vehicle and prevents the engine from starting if it detects alcohol on the driver’s breath. Duration and use of these devices generally increases as offense count increases, consistent with the graduated penalty approach applied across offense tiers.
Expungement availability differs sharply by offense level under Wyoming law. A misdemeanor DUI conviction may become eligible for expungement under Wyoming Statutes Section 7-13-1501 after a required waiting period, as outlined in the Wyoming Judicial Branch expungement guide. Felony DUI convictions are generally not eligible for the standard felony expungement pathway, meaning a fourth offense conviction carries long term record consequences beyond its immediate criminal penalties.
Arrest records that did not result in a conviction may also be eligible for expungement under Wyoming Statutes Section 7-13-1401, which is a separate pathway from the misdemeanor conviction expungement rule. This distinction matters because a person whose case was dismissed or who was not convicted faces a different expungement standard than someone who was actually convicted of misdemeanor DUI.
Common Misconceptions
Many readers assume a moving vehicle is required for a DUI charge, when Wyoming’s actual physical control standard under Adams v. State allows a charge even while parked. Another common misconception treats DUI and DWUI as different crimes, when Wyoming law uses these terms interchangeably for the same offense under Section 31-5-233. A third misconception assumes the 10-year lookback counts from a conviction date, when Rhoads v. State confirms it runs from the date of the prior offense instead.
Laws and enforcement may change over time, and no verified DUI specific amendments to Wyoming Statutes Section 31-5-233 were found in the 2025 Wyoming General Session Laws at the time of this research. Readers should check official state sources for the most current statutory text before relying on any penalty figure. Consulting a licensed attorney is advisable for anyone facing an actual DUI charge, particularly at the felony fourth offense level given the severity of potential consequences described in the Wyoming Statutes Section 31-5-233 (DUI statute, official codification). For general context on how Wyoming’s motor vehicle statutes are organized, the Wyoming Legislature — Title 31 Motor Vehicles statutes provides the full codified text, and this article’s information is provided subject to the site Disclaimer.
Disclaimer
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For legal advice about your specific situation contact a licensed attorney in your state. Laws change and vary by jurisdiction. Verify current rules with official government sources or a qualified lawyer.