Every state has made it illegal to drive while impaired by drugs or alcohol. However, many of the related laws differ. Look below for a quick guide to some of the DUI laws in Wyoming.
Dui Convictions
There are three ways you can be convicted of a DUI. The first is probably the most well-known: when your blood alcohol concentration (BAC) is .08% or higher while driving. An officer can test for this with a blood or urine sample, but the most common is by using a breathalyzer.
If you’re arrested within two hours of driving and your BAC is .08% or higher, you could also be convicted.
The last way doesn’t necessarily involve testing your BAC. If you physically can’t drive safely, you can get a DUI. Even if your BAC is below .08%, if it’s clear from your driving that you’re too drunk to drive safely, you could be convicted.
See W.S. 31-5-233 (b)(i), W.S. 31-5-233 (b)(ii), and W.S. 31-5-233(b)(iii).
No Option to Refuse
Before 2011, you could refuse to have your BAC tested, and the only consequence was a suspended driver’s license. Now, you can’t refuse a test if an officer has reason to think you’ve been driving impaired. If you don’t cooperate, they can request a search warrant, which forces you to let them test your BAC.
See W.S. 31-6-102(d).
Field Sobriety Tests
If an officer stops a driver and thinks they may be impaired, they’ll oftentimes conduct a field sobriety test. These tests help officers determine how impaired the driver is, both physically and mentally. You may have seen some examples before, such as walking a straight line heel to toe or standing on one foot with the other slightly elevated
General Penalties
Your first DUI conviction has maximum penalties of six months in jail and a $75,000 fine. If you have more DUIs within ten years, the penalties quickly increase, including mandatory jail time. For example, a fourth DUI in ten years is a felony, which comes with up to seven years in prison and up to a $7,000 fine.
See W.S. 31-5-233(e).
Ignition Interlock Device
If you’re convicted of a DUI with a BAC of .15% or higher, an ignition interlock device will be installed in your vehicle for six months. This device is similar to a breathalyzer and doesn’t let the vehicle start until you blow a BAC of 0%. After the engine starts, you’ll need to blow into the device occasionally to make sure your BAC is still 0%.
Like with the general penalties, the length of time the device needs to be installed increases with every DUI. After a fourth, it could be installed for life.
See W.S. 31-5-233(f)(ii), W.S. 31-5-233(f)(iii), W.S. 31-5-233(f)(iv), and W.S. 31-5-233(f)(v).
Driver’s License Suspension
Another consequence of a DUI is a suspension of your driver’s license. It starts at 90 days after the first DUI and increases to a year if you have a second within 10 years. If the second DUI is within two years of the first, your vehicle registration will also be suspended until you get your license back.
See W.S. 31-7-128(b)(i), W.S. 31-7-128(b)(ii), and W.S. 31-7-128(c).
Youthful Offender Dui
It’s illegal for anyone under 21 to drive with a BAC of .02% or higher. The first offense comes with a fine of up to $750, the second (if it’s within two years) comes with up to 30 days in jail and the third (if it’s within two years) comes with up to six months in jail.
See W.S. 31-5-234(b) and W.S. 31-5-234(e).
Serious Bodily Injury
It probably comes as no surprise that if you seriously hurt someone because of a DUI, there’ll be extra consequences coming your way. Specifically, a minimum fine of $2000 and up to 10 years in prison. That increases to up to 20 years if it happens a second time.
The criteria for a serious bodily injury include an injury that could cause death, causes a miscarriage, permanently disfigures someone or leads to someone losing a body part or the use of it.
See W.S. 31-5-233(h), W.S. 31-5-233(h)(i), and W.S. 31-5-233(h)(ii).