If you only remember one point about DUI penalties in Wyoming, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, assessment, and ignition-interlock conditions. Felony threshold: A fourth DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony. Procedure, examples, and the opinions below hang off Wyo. Stat. Ann. § 31-5-233. Lookback: Prior DUI convictions within 10 years enhance penalties.. Ignition interlock: Ignition interlock may be required for reinstatement after DUI.
First-offense penalties
First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, assessment, and ignition-interlock conditions.
Walking through Wyoming facts
Use this walkthrough to see which Wyoming authority does the work at each step.
A driver in Wyoming is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, assessment, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A fourth DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance penalties.
- Interlock: Ignition interlock may be required for reinstatement after DUI.
Wyoming DUI under § 31-5-233 proceeds in circuit or district court with parallel WYDOT administrative actions.
When a Wyoming DUI becomes a felony
A fourth DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock may be required for reinstatement after DUI.
How a typical Wyoming DUI case unfolds
Wyoming DUI under § 31-5-233 proceeds in circuit or district court with parallel WYDOT administrative actions.
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Case law: DUI penalties in Wyoming
Donald J. BUCKLES, Jr., Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
…, charged with aggravated vehicular homicide and aggravated driving under the influence, is entitled to have the jury instructed that it may consider the conduct of a victim who was operating another vehicle in arriving at a determination as to whether the actions of the defendant constitute the cause of death of that victim. Other issues presented and argued relate to the suff…
Wyoming opinions such as Donald J. BUCKLES, Jr., Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff) are cited where DUI penalties is disputed. The court stated: ", charged with aggravated vehicular homicide and aggravated driving under the influence, is entitled to have the jury instructed that it may consider the conduct of a victim who was operating another vehicle in arriving at a determination as to whether the actions of the defendan" That is the language to brief; the rest of the decision supplies the procedural posture.
James S. NELLIS, Appellant (Plaintiff/Petitioner), v. WYOMING DEPARTMENT OF TRANSPORTATION, Appellee
…ficer had probable cause to believe that appellant had been driving under the influence on a public street or highway, and that appellant submitted to a chemical test which indicated an alcohol concentration of .10% [?] The events that culminated in the suspension of Nellis’ driver’s license occurred on February 17, 1995. Nellis and his wife, and two other couples who were visi…
Wyoming opinions such as James S. NELLIS, Appellant (Plaintiff/Petitioner), v. WYOMING DEPARTMENT OF TRANSPORTATION, Appellee are cited where DUI penalties is disputed. The court stated: "The events that culminated in the suspension of Nellis’ driver’s license occurred on February 17, 1995." That is the language to brief; the rest of the decision supplies the procedural posture.
Mason G. GLAZIER, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
…ating a motorcycle in violation of W.S. 31-5-233, Wyoming’s driving under the influence law, and that the violation of law was the proximate cause of a death. Appellant waived his right to a jury trial. The ease was tried in a bench trial to the district court. The district court found appellant guilty and sentenced him to a term of five to ten years in the Wyoming State Penite…
Wyoming opinions such as Mason G. GLAZIER, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff) are cited where DUI penalties is disputed. The court stated: "W.S. 31-5-233, Wyoming’s driving under the influence law, and that the violation of law was the proximate cause of a death. Appellant waived his right to a jury trial. The ease was tried in a bench trial to the district court." That is the language to brief; the rest of the decision supplies the procedural posture.
Donald Earl YOUNG, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
…Chief Justice. [¶1] Donald Young appeals his conviction of driving under the influence of alcohol. He contends that the district court erred in permitting the State to introduce expert testimony involving retrograde extrapolation to prove that Mr, Young's blood aleohol level was above 0.08% while he was driving on the night in question. 1 We affirm. ISSUE [¶ 2] The issue to be…
Wyoming opinions such as Donald Earl YOUNG, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff) are cited where DUI penalties is disputed. The court stated: "Chief Justice. [¶1] Donald Young appeals his conviction of driving under the influence of alcohol." That is the language to brief; the rest of the decision supplies the procedural posture.
J. D. VROOMAN, Appellant (Appellant-Defendant), v. the STATE of Wyoming, Appellee (Appellee-Plaintiff)
…ow that. “OFFICER SCHOFIELD: Okay. You are under arrest for driving under the influence— “MR. VROOMAN: Okay. “OFFICER SCHOFIELD: —of alcohol. Under the Implied Consent Law of the State of Wyoming, I am requesting that you take a chemical test to determine the degree of your intoxication. I request that you take a breath type test at the Sheriff’s Office in Jackson. At your opti…
Wyoming opinions such as J. D. VROOMAN, Appellant (Appellant-Defendant), v. the STATE of Wyoming, Appellee (Appellee-Plaintiff) are cited where DUI penalties is disputed. The court stated: "OFFICER SCHOFIELD: Okay. You are under arrest for driving under the influence— “MR. VROOMAN: Okay. “OFFICER SCHOFIELD: —of alcohol. Under the Implied Consent Law of the State of Wyoming, I am requesting that you take a chemical test to determine the degree of your intoxication." That is the language to brief; the rest of the decision supplies the procedural posture.
Gary HODGINS, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
…ed to a substantially greater penalty than one convicted of driving under the influence, merely because he was unfortunate enough to have caused the death of another. We cannot agree. Appellant’s claim presents the issue of whether the legislature is justified in providing for different penalties when the same act, done with the same mental state, causes two different results.…
Practitioners open Gary HODGINS, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff) when Wyoming DUI penalties turns on the distinction in this sentence: "We cannot agree. Appellant’s claim presents the issue of whether the legislature is justified in providing for different penalties when the same act, done with the same mental state, causes two different results." Do not lift it out of the facts the court was deciding.
Andrew MASCARENAS, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
…don't know. Like I say, I was pretty well lit," and "I was intoxicated, and I don't really recall everything." Further, on cross-examination, the witness explained: "And I hate cops because it's pretty obvious that they beat me up all the time, and I don't remember-when I was drunk like that, I don't remember. And I was blacked out. You know, some parts of it are vague and som…
Wyoming opinions such as Andrew MASCARENAS, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff) are cited where DUI penalties is disputed. The court stated: "Like I say, I was pretty well lit,' and 'I was intoxicated, and I don't really recall everything." That is the language to brief; the rest of the decision supplies the procedural posture.
Raymond SANDOVAL, (Petitioner) v. STATE of Wyoming, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION, (Respondent)
…to submit to a chemical test and enhances the penalties for driving under the influence in violation of the municipal ordinance if a chemical test reveals a blood aleohol content of .15% or higher. They also asserted that they were not properly advised of their rights under the Wyoming implied consent laws because they were not advised of all of the possible eriminal implicatio…
On DUI penalties, Raymond SANDOVAL, (Petitioner) v. STATE of Wyoming, ex rel., WYOMING DEPARTMENT OF TRANSPORTATION, (Respondent) speaks to the Wyoming dispute in this passage: "to submit to a chemical test and enhances the penalties for driving under the influence in violation of the municipal ordinance if a chemical test reveals a blood aleohol content of .15% or higher. They also asserted that they were not properly advised of their rights under the W" The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license suspension, assessment, and ignition-interlock conditions.
- Felony threshold: A fourth DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
- Ignition interlock: Ignition interlock may be required for reinstatement after DUI.
- Primary authority: Wyo. Stat. Ann. § 31-5-233.
Blood alcohol limits in Wyoming
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 10 years enhance penalties.
Frequently asked questions
What is the legal BAC limit in Wyoming?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Wyoming?
A fourth DUI within 10 years can be a felony; DUI causing serious injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock may be required for reinstatement after DUI.
This guide covers Wyoming impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.