Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Wyoming, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN WYOMING

In Wyoming, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Wyoming license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked.

If you are convicted of DUI/DWUI your license will be suspended or revoked and you will face other penalties like fine and imprisonment.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for up to 6 months and/or up to a $750 fine. Also, if convicted for a first offense DUI or DWUI (BAC over 0.08%) or for driving under the influence of drugs:
   • Your license will be suspended for 90 days.
   • You may be eligible for limited driving privileges during the suspension period provided you have not been issued a probationary license in the last five years. The procedure to apply for limited driving privileges in explained on the form issued by the arresting officer.
2. The second offense or two offenses in five years may result in imprisonment for up to six months and/or up to a $750 fine. Also, if convicted for the second offense of DWUI or DUI:
   • Your license will be suspended for one year.
   • There is a mandatory prison term of seven days and a mandatory fine of $200.
   • You may have to install an ignition interlock device in all vehicles you drive.
   • You are not eligible for limited driving privileges after a second DWUI offense.
3. The third offense or three offenses in five years may result in imprisonment for up to six months and/or up to a $3000 fine. Also, if convicted for the third offense of DWUI or DUI:
4. Your license will be revoked for three years.
5. There is a mandatory prison term of 30 days and a mandatory fine of $750. 15 days of the prison term may be suspended if you undergo an inpatient rehab program approved by the court.
6. You are not eligible for limited driving privileges.
7. The fourth offense in five years is treated as a felony and may result in imprisonment for up to two years and/or up to a $10,000 fine.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. If charged for DWUI with a BAC higher than 0.02% your license will be suspended for 90 days for a first offense and for up to six months for a second offense within a two year period.
2. You are eligible for limited driving privileges provided this is your first offense for DWUI and you have not been issued a probationary driving license in the last five years.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWUI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if any trace of alcohol is found in your system even if it is less than 0.04%.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Administrative actions against DWUI in Wyoming involve Administrative Per Se Suspension and Refusal Suspension. Administrative Per Se Suspension comes into effect when you are arrested for DWUI with a BAC above permissible levels. This suspension will stay in place even if a court dismisses the DWUI charge. Under this your license will be suspended for 90 days and the suspension will start 30 days after you are served the notice of suspension by the arresting officer. You may be eligible for limited driving privileges if this is your first offense but you have to submit a written request and the $15 fee before your suspension period starts. The procedure will be explained on the form issued by the officer. You can contest the suspension by submitting a written request for a Contested Case Hearing along with a fee of $25. This must be done within 20 days of being served with the notice of suspension. It is a good idea to consult a DUI/DWI lawyer beforehand. Refusal suspension results when you refuse to submit to chemical testing requested by the law officer. Your license will be suspended for six months for the first offense and for 18 months if there is a prior refusal or DWUI on your record. If you plead guilty to the DWUI within 10 days of your arrest, this suspension will be deleted from your record. It is better to consult a DUI/DWI lawyer before you take any such step though.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWUI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Transportation, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. Reinstatement of a suspended license can only happen after completion of all withdrawal actions on record. You are required to file an SR-22 from your insurer to maintain proof of financial responsibility for three years from the date of suspension, and pay a reinstatement fee of $50.
2. To complete the reinstatement requirements for a revoked license you must successfully complete all the driving tests including vision test, knowledge test and the road test all over again. You may also have to undergo an alcohol/drug evaluation and successfully complete a rehabilitation program before you can get a new license.
3. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive. You must hold an ignition interlock restricted license for one year before you can get a regular license. For information on approved interlock installers call Intoxalock at (877) 777-5020 or Smart Start at (800) 880-3394.
4. The reinstatement fee can be paid at any Wyoming driver license exam office or mailed to the Cheyenne Driver Services office. Click here for location and hours of DOT offices.

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.