Wyoming DUI Administrative Hearing: The 20-Day Deadline Explained

Why the 20-Day Window Matters More Than Your Court Date

After a DUI arrest in Wyoming, most people focus on the criminal court date printed on their citation. That's the wrong deadline to worry about first. The one that disappears fastest — and does the most damage if missed — is the 20-day administrative hearing deadline.

Under W.S. § 31-6-102, you have exactly 20 days from the date of the notice (typically the arrest date) to submit a written request for a contested case hearing with WYDOT Driver Services. Miss it, and your license suspension kicks in automatically on day 31. No exceptions, no extensions, no second chances.

The Confusion Between 20 Days and 30 Days

The officer hands you a temporary driving permit valid for 30 days. That permit also serves as your notice of administrative suspension. Many people assume the 30-day permit means they have 30 days to act.

They don't. The permit keeps you driving for 30 days, but the hearing request deadline falls at day 20. That 10-day gap between the filing deadline and the permit expiration catches more people than any other procedural trap in the Wyoming DUI process.

How to File the Hearing Request

1. Get the form: Download the Hearing/Record Review Request form from the WYDOT Driver Services forms portal. The form reference date is 07/27/2023.
2. Complete the form: Fill in your personal information, the arrest details from your temporary permit, and check whether you're requesting a contested case hearing or a record review.
3. Include the $25 fee: The filing fee is $25, payable by check or money order to WYDOT.
4. Submit to WYDOT: Mail or deliver the request to WYDOT Driver Services in Cheyenne. The request must be received or postmarked by day 20.

Filing through the oneWYO portal is also available for some administrative submissions.

What Filing in Time Gets You

When WYDOT receives a timely request, two things happen:

First, the administrative suspension is stayed — WYDOT can't suspend your license while the hearing is pending. You can keep driving on your temporary permit and beyond, until the OAH rules.

Second, WYDOT forwards your petition to the independent Office of Administrative Hearings (OAH), which must hold the hearing within 45 days of receiving the request.

What the OAH Hearing Actually Covers

The administrative hearing is narrow. The hearing officer doesn't decide guilt or innocence — that's the criminal court's job. The OAH hearing focuses on whether:

• The officer had reasonable suspicion for the traffic stop
• The officer had probable cause for the arrest
• The chemical testing procedures followed statutory guidelines
• You were properly advised of your implied consent obligations

If the hearing officer finds a procedural failure on any of these points, the administrative suspension can be reversed. If everything checks out, the suspension stands — but at least you bought yourself months of continued driving while the hearing played out.

What Happens If You Miss the Deadline

If day 20 passes without a filed request, the 90-day administrative suspension begins automatically on day 31. For test refusals, the suspension period is 6 months. There's no remedy — the right to a hearing is permanently waived.

This suspension runs independently of the criminal case. Even if your attorney gets the criminal charges dismissed next month, the administrative suspension remains in full effect.

Don't Confuse the Hearing Request with the Record Review

WYDOT uses the same form for two different things: a contested case hearing request and a record review request. The hearing contests the suspension. The record review evaluates your eligibility for a probationary license ($15 fee). They're separate processes — whether you need one or both depends on whether you are challenging the suspension and seeking a probationary license, but the hearing request is the time-critical one.

Our Wyoming First-Offense DUI Guide includes a day-by-day timeline for the first 30 days that separates the administrative track from the criminal track, so you never confuse which deadline belongs to which process.

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