Wyoming DUI Laws

Drunk driving is one of the leading causes of road accidents in the United States. In Wyoming, as in most states, driving under the influence of alcohol or drug is an offense. Under Wyoming DUI laws, punishment can be up to 6 months imprisonment. If you were in an accident involving a drunk driver in Wyoming, you might be awarded damages for your injuries.

What Are Wyoming DUI Laws?

In Wyoming, non-commercial drivers are considered legally drunk if their blood alcohol level is 0.08% or higher. For drivers of commercial motor vehicles, including school bus drivers, a blood alcohol content of up to 0.04% is not legally allowed while behind the wheel.

Wyoming, like many states, has an implied consent rule that allows an officer to request a drug or alcohol test. But, unlike many states, a person can refuse to participate without penalty. An officer may conduct field sobriety tests to determine if a person is too impaired to drive. A law officer may also conduct a breath, urine, or blood test. Before 2011, refusing to be tested led to license suspension. However, under new Wyoming DUI laws, W.S. 31-6-102(d), an officer can request a search warrant upon refusal of a breathalyzer or other chemical test. With the warrant, they can get a blood sample for testing.

Wyoming DUI laws for the first offense prescribe a punishment different from the punishment for multiple times offenses and DUI by underage offenders.

First-Time Offender

A DUI first-time offender in Wyoming may face stiff penalties:

• Suspension of their driver's license for 90 days
• Up to 6 months imprisonment
• A fine of up to $750
• A mandatory alcohol assessment (to be paid for by the driver)
• If the driver’s blood alcohol level is up to 0.15, an ignition interlock device (IID) will be installed in the vehicle for six months

Multiple Offenses

The punishment for a subsequent DUI infraction is more severe than the first-time offense. A person who has committed a second DUI within ten years will face the following consequences:

• Suspension of their driver's license for one year
• Seven days to six months imprisonment
• A fine between $200 to $750
• A mandatory alcohol assessment (to be paid for by the driver) 
• If the driver’s blood alcohol level is up to 0.15, an ignition interlock device will be installed in the vehicle for a year

Third-time offenders within ten years will face the following consequences:

• Suspension of their driver's license for three years
• 30 days to six months imprisonment
• A fine between $750 to $3,000
• A mandatory alcohol assessment (to be paid for by the driver) 
• If the driver’s blood alcohol level is up to 0.15, an ignition interlock device will be installed in the vehicle for two years.

A fourth DUI conviction within ten years is a felony and is punishable by imprisonment of up to 7 years or a $10,000 fine, or both. 

Underage Offender

In Wyoming, it is an offense for drivers under 21 years of age to have a blood alcohol level of 0.02% or more. The first-time offense has a fine of up to $750 and 90 days license suspension. The second time offense, if it’s within a year, is punishable by up to 30 days imprisonment, six months license suspension, a maximum of $750 fine, and one year IID restriction. A third DUI offense within two years may result in up to six months in jail, a maximum of $750 fine, six months license suspension, and two years of IID restriction.

What Should You Do in the Case of a Drunk Driving Accident?

Car accidents involving drunk drivers often lead to serious bodily injury and property damage. If you were in an accident involving a drunk driver in Wyoming, you should take the following steps:

Check Your Physical Condition

After a motor vehicle accident, your first concern is to check whether you were injured and to assess the extent of the injuries, if any. If you have any passengers, you should also check if they sustained any injuries. If you sustained severe injuries, call 911 immediately (if you can). 

Always visit a doctor for a medical examination after an accident, even if you think you were not injured. This will help build your case and may reveal injuries that were not obvious.

Observe the Condition of the Drunk Driver

If you suspect the other driver is drunk, deal with them cautiously. Drunkenness often produces erratic and violent behavior, and you don’t want to put yourself in harm's way. Approach the other driver and take note of their condition. For example, if they smell like alcohol or have slurred speech. If you can take a video of their noticeable sign of drunkenness, do so. The record can help establish liability subsequently.

Contact the Police

Call the police and inform them about the accident, even if you think you didn’t sustain any injury or feel your injuries are negligible. A police report is always helpful, especially in proving that an accident happened, documenting the parties involved, and establishing fault.

When the police arrive, tell them you suspect the other driver is drunk. A drug or alcohol test, if positive, is evidence that will help your case later on.

Gather Witnesses

If anyone witnessed the accident or the other driver’s drunken behavior, ask them if they will serve as witnesses. Write down their contact details, such as name, phone number, and address.

Have an Experienced Lawyer Look at Your Case

If you have been harmed in a drunk driving accident, contact a car accident lawyer as soon as possible. A car accident lawyer can help you recover damages for your injuries. It would be best if you didn’t suffer for other people’s negligence without getting the compensation you deserve.

The experienced car accident lawyers at The Spence Law firm have handled various types of car accidents, including those caused by drunk drivers. We will fight tirelessly to ensure you get the compensation you need to pay for your medical bills and other expenses and build your life back. Contact us today to see how we can help.