State service guide

Wyoming DUI laws: actual-physical-control cases, a 90-day admin suspension, and interlock at 0.15+ or on repeat offenses

Wyoming's DUI system splits between the criminal case, the immediate administrative action, and the later license-restoration rules. The core offense reaches both driving and actual physical control, covers a standard 0.08 threshold plus impairment by alcohol or drugs, and uses a separate underage drinking-and-driving rule at 0.02. The most useful Wyoming details are the 90-day administrative suspension after a failed test, the six-month or eighteen-month refusal suspension under implied consent, and the way ignition interlock becomes mandatory for a first alcohol DUI at 0.15 or above and for second or later DUI convictions regardless of BAC.

Adult DUI threshold Wyoming prohibits driving or having actual physical control with an alcohol concentration of 0.08 or more, or while impaired by alcohol, drugs, or both
Admin suspension A chemical test result of 0.08 or more triggers a 90-day administrative suspension, with a 20-day window to request a hearing
Refusal suspension Refusing the required chemical test brings a 6-month suspension for a first refusal or 18 months if there is a qualifying prior DUI or refusal
Interlock trigger Wyoming requires ignition interlock for a first alcohol DUI at 0.15 or above and for any second or subsequent DUI conviction

Overview

What this page helps you verify

A useful Wyoming DUI page should separate four issues that generic summaries often merge together: the criminal DUI offense, the underage alcohol offense, the implied-consent suspension, and the post-conviction suspension, revocation, and interlock rules. Wyoming's statute is broader than a simple 0.08 driving rule because it reaches actual physical control and drug impairment as well. The strongest statewide explanation also keeps the licensing consequences visible, because Wyoming uses an administrative 90-day suspension after a qualifying test result, a separate refusal suspension, and a different suspension or revocation after conviction.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, arrest paperwork, and any notice of administrative suspension or refusal action served after the stop
  • Any breath, blood, or urine test paperwork showing the result or documenting the refusal
  • Court records showing the conviction level, dates of prior offenses, and any sentence terms involving treatment or restricted driving
  • Proof of SR-22 filing if the suspension, interlock, or reinstatement process requires it
  • Ignition interlock installation records and any Wyoming interlock license paperwork if the case carries an interlock requirement
  • DUI class or treatment-completion records if WYDOT or the court requires education or treatment for limited driving or reinstatement

Typical flow

What the process often looks like

  1. Treat the Wyoming case as separate issues from the beginning: the criminal DUI charge, the administrative suspension or refusal action, and the later reinstatement or interlock requirements.
  2. Check whether the case is a standard DUI, an underage drinking-and-driving case, or a refusal case, because the alcohol threshold and suspension rules differ.
  3. Read the administrative notice immediately, because Wyoming gives only 20 days from the notice date to request a hearing on the implied-consent suspension.
  4. If you need to drive later, plan around WYDOT's reinstatement, SR-22, education or treatment, and ignition interlock rules rather than assuming the matter ends with the court sentence.

What counts as DUI

Wyoming reaches actual physical control, per se alcohol cases, and drug-impaired driving, not just obvious drunk driving

That broader definition is the first point a useful page should make clear.

  • Wyoming Statute 31-5-233 prohibits driving or having actual physical control of a vehicle with an alcohol concentration of 0.08 or more, or within two hours after driving or control if the level measures 0.08 or more.
  • The same statute also covers being under the influence of alcohol, a controlled substance, or a combination of both to a degree that makes the person incapable of safely driving.
  • For drivers under 21, Wyoming's separate underage drinking-and-driving law uses a 0.02 alcohol concentration threshold.

Administrative action

Wyoming can suspend the license before the criminal case is resolved

This is where many generic DUI pages miss the most immediate state consequence.

  • Under Wyoming's implied-consent law, a test result of 0.08 or more brings a 90-day administrative suspension.
  • The notice tells the driver there are 20 days from the date of notice to request a hearing, and if no hearing is requested the suspension starts 30 days after notice.
  • A refusal to submit to required chemical testing leads to a 6-month suspension for a first refusal or 18 months if the driver has a qualifying prior DUI conviction or prior refusal.
  • If a criminal conviction comes from the same incident, Wyoming reduces the later conviction-based suspension or revocation by the 90 days already served under the administrative action.

Conviction ladder

Wyoming escalates quickly from a first misdemeanor to felony treatment on later offenses

The criminal penalties and the license consequences should be explained together.

  • A first DUI conviction is a misdemeanor punishable by up to 6 months in jail, up to a $750 fine, or both.
  • A second DUI within 10 years brings 7 days to 6 months in jail plus a substance use disorder assessment.
  • A third DUI within 10 years brings 30 days to 6 months in jail and a substance use disorder assessment.
  • A fourth or subsequent DUI within 10 years is a felony punishable by up to 7 years in prison, up to a $10,000 fine, or both.

Suspension, interlock, and limited driving

Wyoming's post-conviction driving rules depend on offense count, BAC, and whether you qualify for a limited license

This is the practical part that usually matters most after the arrest.

  • WYDOT suspends the license for 90 days after a first DUI conviction and for 1 year after a second DUI conviction within 10 years, while three or more DUI convictions within 10 years trigger revocation.
  • Wyoming's interlock rules require a first alcohol DUI offender with a 0.15 or higher administrative result to use ignition interlock for 6 months, a second conviction for 1 year, a third for 2 years, and a fourth or subsequent conviction for life unless the court later removes the requirement for good cause.
  • WYDOT's interlock page says the driver must install a Wyoming-approved device, file SR-22, apply for the interlock restricted license, and the required interlock time does not start until that interlock license is issued.
  • A probationary license may be available in some suspension cases, but WYDOT says an alcohol-related probationary license requires at least an approved 8-hour DUI education class and, if recommended, additional treatment.

Accuracy notes

Where people get tripped up

  • Wyoming DUI content should not reduce the offense to simple driving at 0.08. The statute also covers actual physical control and impairment by alcohol, drugs, or both.
  • Keep the administrative side visible. Wyoming's 90-day test-failure suspension and separate refusal suspension are distinct from the later conviction-based suspension or revocation.
  • Interlock is not universal for every first offense. Wyoming ties first-offense interlock to an alcohol result of 0.15 or above, but requires it for all second and later DUI convictions.
  • Limited-driving discussions should stay cautious and source-based because Wyoming handles eligibility through a department record review and excludes some withdrawal categories.

FAQ

Common questions

  • What BAC is a DUI in Wyoming?

    Wyoming uses 0.08 BAC for the standard adult DUI rule, and the statute also covers alcohol or drug impairment that makes the person incapable of safely driving. For drivers under 21, Wyoming uses a separate 0.02 threshold under the underage drinking-and-driving law.

  • Can Wyoming suspend my license before I go to court for DUI?

    Yes. Wyoming's implied-consent law imposes a 90-day administrative suspension after a qualifying 0.08 test result, and the driver has 20 days from notice to request a hearing.

  • What happens if I refuse the chemical test in Wyoming?

    A refusal brings a separate implied-consent suspension. Wyoming uses 6 months for a first refusal and 18 months when there is a qualifying prior DUI conviction or prior refusal.

  • When is ignition interlock required after a Wyoming DUI?

    Wyoming requires ignition interlock after a first alcohol DUI if the administrative BAC result was 0.15 or higher, and after any second or subsequent DUI conviction regardless of BAC.

  • Can I ever get limited driving privileges after a Wyoming DUI?

    Sometimes. WYDOT handles limited-driving requests through a record review, and an alcohol-related probationary license requires at least an approved 8-hour DUI education class plus any additional treatment the counselor recommends.

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