First Offense DUI in Wyoming

In Wyoming, Driving While Under the Influence (DWUI) is the official term for impaired driving. Even a first-time DWUI offense in Wyoming carries significant personal, legal, and financial ramifications. Wyoming classifies a first DWUI as a misdemeanor (which may elevate to a felony depending on the arrest's circumstances), punishable by license suspension, fines, and jail terms.

According to Wyoming Statutes § 31-5-233, any individual who operates or is in physical control of a vehicle within the state while under the influence of intoxicating liquor, controlled substance, or a combination of both, to the extent that it renders them incapable of safely operating such vehicle, commits a DWUI violation.

What Qualifies as a First DUI in Wyoming?

Wyoming considers a DWUI violation a first-time offense if the offender has not had any violations within the past 10 years. Violations often depend on the Blood Alcohol Concentration (BAC) at the time of arrest.

Wyoming's Blood Alcohol Concentration Limits

Wyoming sets specific Blood Alcohol Concentration limits for drivers. Individuals 21 years or older must not operate a vehicle with a Blood Alcohol concentration of 0.08% or higher. For commercial drivers, the legal threshold is 0.04%. Meanwhile, individuals under 21 are subject to a stricter BAC limit of 0.02% when operating a vehicle within the state.

Note: The BAC is the alcohol percentage in 100 milliliters of blood or 210 liters of breath.

How Wyoming Law Enforcement Officers Determine Impairment

Wyoming law enforcement officers observe drivers for impairment, such as erratic driving, failure to obey traffic signs, and near misses. If they suspect impairment, they may look for more direct cues like bloodshot eyes, slurred speech, the odor of alcohol, or open containers or drug paraphernalia during traffic stops. Officers administer Field Sobriety Tests (FSTs) to assess impairment further and evaluate eye movements, balance, coordination, focus, and ability to follow instructions. These FSTs include:

• Horizontal Gaze Nystagmus (HGN)
• Walk and Turn (WAT)
• One-Leg Stand (OLS).

Finally, they confirm impairment through chemical tests, including a breathalyzer, urine, or blood test.

Possible Penalties for a First Offense DUI in Wyoming

Like many other states, Wyoming treats a first-time DWUI as a misdemeanor, leading to both administrative and potential criminal consequences. The penalties for a first DWUI in Wyoming include:

• An automatic 90-day administrative license suspension by the Wyoming Department of Transportation (WYDOT) for failing or refusing to take a chemical test, which runs concurrently with any court-imposed revocation for a criminal conviction
• Fines up to $750.00
• Potential jail time of up to 6 months
• Installation of an Ignition Interlock Device for six months if the BAC level is 0.15% or higher
• Mandatory substance abuse evaluation, which may result in an education/treatment program.

Do You Lose Your License for a First DUI in Wyoming?

Yes, a first DWUI violation in Wyoming results in an automatic 90-day license suspension from the Wyoming Department of Transportation (regardless of any criminal conviction for the offense). This administrative suspension is separate but concurrent with any additional suspension a court may impose due to a criminal conviction for the offense.

Nonetheless, offenders may contest the suspension through an administrative hearing within 20 days of their suspensions and also apply for a probationary license (hardship license) to commute to work, school, or treatment programs in this time frame if they:

• Submit written requests to the Wyoming Department of Transportation within 20 days of their suspension and pay the applicable $15.00 request fee.
• Demonstrate undue hardships resulting from the license suspensions
• Did not obtain Probationary licenses within the previous five years
• Have valid Wyoming driver's licenses or those of any other U.S. state
• Undergo alcohol assessments by a certified counselor
• Complete the Wyoming Department of Health standard 8-hour DUI Education Class
• Pay the $55.00 issuance fee upon approval for a Probationary License.

What Is the Implied Consent Law in Wyoming, and How Does It Affect First DUI Cases?

The Wyoming Implied Consent Law (Wyoming Statute § 31-6-102) stipulates that by driving within the state, individuals automatically agree to chemical testing (including blood, breath, and urine tests) during lawful arrests for DWUI offenses. Refusing a chemical test during a DWUI arrest in Wyoming results in an automatic 6-month license suspension (independent of other penalties), ineligibility for a Probationary License, and the refusal becomes evidence in a potential criminal trial.

The strict penalties for refusing a chemical test are to encourage compliance and ensure prosecutors do not lose critical evidence. Notwithstanding, offenders have the right to contest the punishments.

Is an Ignition Interlock Device Required for a First DUI Offense in Wyoming?

In Wyoming, installing an Ignition Interlock Device (IID) for a first DWUI depends on the Blood Alcohol Concentration at the time of arrest. Wyoming traffic laws mandate IID installation for six months from the date of conviction if the Blood Alcohol Concentration is 0.15% or higher. Beyond the BAC threshold, a court may also order IID installation in circumstances such as:

• The presence of minors in the vehicle
• The offense results in injuries or property damage
• The offender has previous DWUI violations.

Note: The offender is responsible for the payments for installing, maintaining, and removing the IID in Wyoming.

Can a First DUI Be Dismissed or Reduced in Wyoming?

Yes, there is potential dismissal or penalty reduction for a first-time DWUI violation in Wyoming under certain circumstances. Wyoming permits Deferred Prosecution, and according to Wyoming Statutes 7-13-301, a DWUI violation may be eligible for dismissal if:

• The offender's BAC level at the time of arrest is below 0.15%
• The offense did not result in injuries or significant property damage
• The offender agrees to education classes, substance abuse treatment, and community service.

Furthermore, the court may reduce the charges for DWUI or dismiss them outrightly if the defense attorney:

• Successfully questions the legality of the traffic stop
• Dispute the accuracy of the chemical tests
• Highlights procedural errors.

Note that Deferred Prosecution for a first DWUI may be county-specific and not be available in some Wyoming counties.

Long-Term Consequences of a First DUI

A first DWUI in Wyoming may have long-term consequences. A first DWUI in Wyoming is generally a felony. In addition to the immediate penalties, it may result in lasting personal, professional, and financial ramifications.

As a criminal record, a DWUI violation in Wyoming is publicly accessible to law enforcement, employers, professional licensing agencies, and other interested entities through background checks.

Public availability of these records may negatively impact employment prospects (particularly jobs requiring a clean driving record). Additionally, insurance companies often view individuals with DWUI records as high-risk, leading to an increase in auto premiums, denial of car insurance policies, or outright cancellation of existing ones.

Do You Need a DUI Attorney in Wyoming?

Although hiring an attorney for a DWUI trial in Wyoming is not mandatory, engaging their services is advisable for the following reasons:

• Wyoming vehicle laws are complex, and there are severe penalties, making it risky to navigate DWUI trials on personal knowledge
• A skillful Wyoming-licensed attorney will:
  • Ensure prosecutors do not infringe on their client's constitutional rights
  • Negotiates for dismissal or minimizes license suspension through deferred prosecution.

An attorney may also help an offender prepare for an administrative hearing within the stipulated 20 days.