Wyoming DUI Laws: What a First Offense Actually Means

Wyoming Runs Two Separate Cases Against You at the Same Time

A first-offense DUI arrest in Wyoming doesn't start one legal process — it starts two. The criminal case goes through circuit court, where you face a misdemeanor charge under W.S. § 31-5-233. But the administrative case runs through the Wyoming Department of Transportation (WYDOT), which can suspend your license regardless of what happens in court.

This dual-track system catches most people off guard. You could win a full dismissal of criminal charges and still lose your license for 90 days because WYDOT's administrative process is completely independent of the court case. Each track has its own deadlines, its own rules, and its own consequences.

The 20-Day Deadline That Most People Miss

When the officer arrests you, they confiscate your physical license and hand you a 30-day temporary driving permit. That permit doubles as your notice of administrative suspension.

Here's where people get burned: you have only 20 days — not 30 — to file a written request for a contested case hearing with WYDOT Driver Services. The request costs $25 and must be received or postmarked by day 20. Miss that window and the suspension kicks in automatically on day 31, with no chance to challenge it.

Filing in time earns you a stay — WYDOT can't suspend your license until the Office of Administrative Hearings holds a hearing and issues a ruling.

Criminal Penalties Under W.S. § 31-5-233

A standard first-offense DUI in Wyoming is a misdemeanor prosecuted in county circuit court. The statutory penalties include:

• Jail: Up to 6 months, though there's no mandatory minimum for a standard first offense
• Fine: Up to $750, plus court costs and surcharges that typically add $200–$400
• Probation: 1 to 3 years, with conditions like random testing and no alcohol use
• Substance abuse evaluation: A mandatory Addiction Severity Index (ASI) assessment before sentencing
• Victim Impact Panel: Usually a court-ordered MADD panel ($30–$65)

Most first-time offenders don't serve jail time. Judges routinely suspend incarceration in favor of probation and compliance conditions.

What the Administrative Track Does to Your License

If you submitted to a chemical test and blew 0.08% or higher, WYDOT will pursue a 90-day administrative license suspension. If you refused the evidentiary test, that suspension jumps to 6 months.

During suspension, you may qualify for restricted driving through one of two pathways:

• Probationary (hardship) license — for BAC between 0.08% and 0.14%, allows essential travel (work, school, medical). Requires SR-22 insurance, a substance abuse assessment, and $70 in WYDOT fees ($15 record review plus $55 issuance).
• Ignition Interlock Restricted License (IIRL) — required for BAC of 0.15% or higher or test refusals. Lets you drive any vehicle with an installed interlock device. Costs include a $100 WYDOT administrative fee plus monthly lease costs of $70–$150.

Refusal drivers must serve a 45-day hard suspension before they can even apply for an IIRL.

The Deferred Prosecution Option

Wyoming's W.S. § 7-13-301 gives eligible first-time offenders a shot at dismissal. You enter a guilty plea, but the court defers entering a judgment. Complete your probation successfully and the criminal charge gets dismissed.

The catch: deferred prosecution has zero effect on the administrative track. WYDOT still processes the license suspension, and the administrative action remains on your driving history. The 10-year statutory lookback concerns whether a prior conviction counts for penalty enhancement.

Your First Move Matters

The single most time-sensitive action after a Wyoming DUI arrest is filing that 20-day hearing request with WYDOT. Everything else — the criminal case, the evaluations, the classes — unfolds over weeks and months. But the administrative deadline disappears in less than three weeks, and missing it costs you the only chance to contest your suspension.

Our Wyoming First-Offense DUI Guide walks through both tracks day by day, from the arrest through full license reinstatement, with every fee, form, and deadline mapped out.

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