Wyoming Drunk Driving Laws

When is a driver considered to be legally drunk in Wyoming?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol level is .04 percent or greater. In Wyoming, school bus drivers are commercial drivers.
• Drivers under 21 are legally drunk when their blood alcohol level is .02 or more.

Penalties for Drunk Driving in Wyoming

• A first-time offender faces up to six months imprisonment, a fine of up to $750, or both. The driver’s license suspension period is 90 days.
• A person who commits a second DWI within five years of the first conviction faces seven days to six months imprisonment and a fine of $200 to $750. The driver’s license suspension period is one year.
• A person convicted of a third DWI within five years faces 30 days to six months imprisonment and a fine of $750 to $3,000. The driver’s license suspension period is one year.
• A person who is convicted of a fourth or subsequent DWI within five years faces up to two years imprisonment and a fine of up to $10,000. The driver’s license suspension period is three years.

• Other Drunk Driving Penalties
• What is Wyoming’s Limitation of Liability Statute?
• Criminal Penalty for Selling or Furnishing Alcohol to Minors

Enhanced Penalties for Drunk Driving that Causes Serious Bodily Injury

A person who drives drunk and causes another person to suffer serious bodily injury faces six months to one year in prison, a fine of $2,000 to $5,000, or both. A person who was previously convicted of drunk driving that caused serious bodily injury faces up to 20 years in prison. Under Wyoming law, “serious bodily injury” means bodily injury that creates a reasonable likelihood of death or which causes miscarriage or serious permanent disfigurement or protracted loss or impairment of any bodily member or organ.

Ignition Interlock

A person whose driver’s license was suspended as a result of a DWI may apply for an ignition interlock restricted license after serving at least 45 days of the suspension period. If granted, the offender will be required to operate only a motor vehicle equipped with an ignition interlock device for the balance of the suspension period or for one year, whichever time period is greater.

Commercial Drivers

In addition to other penalties that may apply under Wyoming’s DWI laws, a commercial driver who commits a first DWI while driving any vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. A commercial driver who commits a second DWI while driving any vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.

Drivers Under 21

A driver under 21 who commits a youthful driver DWI is subject to a fine of up to $750 for the first violation. The driver’s license suspension period is 90 days. For a second conviction within one year, the underage offender faces up to one month imprisonment, a fine of up to $750, or both. The driver’s license suspension period is six months. For a third conviction within two years, the underage offender faces up to six months imprisonment, a fine of up to $750, or both. The driver’s license suspension period may be greater than six months.

back to top

What is Wyoming’s Limitation of Liability Statute?

Under this statute, a person who has legally provided alcohol to another is not liable for damages caused by the intoxication. Liability, however, can attach if a licensed drinking establishment or a homeowner illegally sold or furnished alcohol to a person under 21 and the underage drinker causes a third party to suffer an injury.

back to top

Criminal Penalty for Selling or Furnishing Alcohol to Minors

In Wyoming, it is crime to sell or furnish alcohol to any person under 21. This crime is punishable by a term of imprisonment of up to six months, a fine of up to $750, or both.

back to top