Wyoming DUI High BAC Penalties: What Happens at 0.15% or Higher

Wyoming does not have a separate "aggravated DUI" charge for high BAC the way some states do. A first-offense DUI at 0.20% is charged under the same statute — W.S. § 31-5-233 — as a DUI at 0.08%. The criminal penalties (up to 6 months jail, up to $750 fine) are technically the same on paper.

Where high BAC hits hardest is on the administrative side. A BAC of 0.15% or higher changes which restricted driving options are available to you, and it significantly increases your total cost of resolving the case.

The 0.15% Threshold: What Changes

Under Wyoming's restricted licensing rules, BAC of 0.15% or higher disqualifies you from the standard probationary (hardship) license. The probationary license — which allows restricted driving for work, school, medical, and court purposes without an interlock device — is only available to first-time offenders who tested between 0.08% and 0.14%.

At 0.15% or above, your only option for legal driving during the suspension is an Ignition Interlock Restricted License (IIRL) under W.S. § 31-7-402. The IIRL rules include:

• An interlock device installed on every vehicle you drive
• For a chemical-test refusal, a 45-day hard-suspension wait before you can apply; confirm the applicable timing for a high-BAC result with WYDOT
• SR-22 high-risk insurance filed with WYDOT
• Payment of the $50 reinstatement fee, standard license fee, and $100 interlock administrative fee
• Monthly interlock lease and calibration costs of $70–$150

The same IIRL requirement applies to chemical test refusals, regardless of what the actual BAC might have been.

Cost Impact of High BAC

A standard first-offense DUI in Wyoming carries a total estimated cost of $4,145 to $14,145 when you add up fines, fees, insurance increases, assessment costs, and legal representation. A high-BAC case pushes toward the upper end of that range and often beyond it, because:

• Interlock costs: Installation ($70–$150), plus $70–$150 per month in lease and calibration fees for a minimum 6-month term. That is $420–$900 in recurring costs that standard-BAC defendants can avoid entirely with a probationary license.
• $100 interlock administrative fee: Paid to WYDOT on top of the standard reinstatement and license fees.
• Higher insurance premiums: High-BAC DUI convictions typically push SR-22 insurance rates higher than standard DUI convictions. The 3-year SR-22 requirement costs an estimated $500–$1,500 per year in premium increases, and high BAC puts you at the upper end.
• Refusal-specific hard suspension: A chemical-test refusal carries a 45-day hard-suspension wait before an IIRL application. Confirm the applicable timing with WYDOT when the case involves a high-BAC result without a refusal.

Indigent Assistance for Interlock Costs

If you qualify as indigent — verified through active eligibility for the Federal Supplemental Nutrition Assistance Program (SNAP) — Wyoming Statute § 31-7-401 provides financial assistance. Under this program, WYDOT pays half of the interlock installation and lease costs and waives the $100 administrative fee. Applications go through the oneWYO portal, by email to [email protected], or by mail to WYDOT Driver Services in Cheyenne.

Criminal Court Considerations

While the criminal statute does not create a separate tier for high BAC, judges have broad sentencing discretion within the statutory range. In practice, a BAC of 0.15% or higher may influence:

• Sentencing: Judges may impose stricter probation conditions, longer treatment programs, or more days in jail (up to the 6-month maximum)
• Plea negotiations: County prosecutors may be less willing to offer favorable plea agreements or recommend deferred prosecution under W.S. § 7-13-301
• Substance abuse assessment results: A higher BAC is one factor that the Addiction Severity Index evaluation considers, potentially leading to a recommendation for outpatient treatment (Level 1.0) rather than just the baseline 8-hour DUI education class (Level 0.5)

The 20-Day Deadline Still Applies

Regardless of BAC level, the 20-day hearing request deadline with WYDOT is the same. Filing the request ($25 fee) within 20 days of the date on the notice (typically the arrest date) stays the administrative suspension while the Office of Administrative Hearings schedules a contested case hearing. Missing this deadline means the suspension starts automatically on day 31.

The Wyoming First-Offense DUI Guide includes a side-by-side comparison of probationary license vs. IIRL eligibility, a complete cost inventory for both tracks, and the step-by-step restricted license application process for high-BAC cases.

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