Wyoming Implied Consent Law: What Refusing a Breathalyzer Actually Means

You Already Consented the Moment You Drove

Wyoming's implied consent statute — W.S. § 31-6-102 — establishes that anyone who drives on a public road in the state has already consented to a chemical test of their breath, blood, or urine if arrested with probable cause for DUI. You don't sign anything. You don't agree verbally. The act of driving itself creates the legal consent.

This means refusing a test after arrest isn't exercising a right — it's breaking a condition of your driving privilege. And the penalties for breaking it are often harsher than the penalties for failing it.

The Test That Matters vs. the One That Doesn't

There are two breath tests in a Wyoming DUI stop, and confusing them is common:

Preliminary Breath Test (PBT) — the roadside handheld device the officer asks you to blow into during the traffic stop. You can refuse this one. It's a screening tool used to establish probable cause. Refusing a PBT doesn't trigger implied consent penalties.

Evidentiary chemical test — the post-arrest test administered at the police station or hospital (breath via a calibrated Intoxilyzer, blood draw, or urine sample). This is the test covered by implied consent. Refusing this one triggers automatic administrative penalties.

The officer is required to advise you of the implied consent consequences before the evidentiary test. If they fail to properly advise you, that procedural error can be challenged at an administrative hearing.

What Happens When You Refuse the Evidentiary Test

A first-time refusal triggers an automatic 6-month administrative license suspension from WYDOT — double the 90-day suspension for a first offense where you submitted to testing and failed.

During that 6 months:

• You're ineligible for a probationary (hardship) license — that option is only available to drivers who tested between 0.08% and 0.14%
• Your only restricted driving option is an Ignition Interlock Restricted License (IIRL), and you must serve a 45-day hard suspension before you can even apply
• The IIRL requires interlock installation ($70–$150), monthly lease ($70–$150/month), a $100 WYDOT administrative fee, a $50 reinstatement fee, and SR-22 insurance

The administrative suspension happens regardless of what happens in criminal court. A full dismissal of criminal charges doesn't lift or shorten the refusal suspension.

Refusal Doesn't Mean No Evidence

Some people refuse the evidentiary test thinking it eliminates the prosecution's evidence. It doesn't necessarily work that way in Wyoming. Law enforcement can obtain an electronic warrant (e-warrant) to compel a blood draw, even after you refuse. The refusal itself can also be introduced as evidence at trial.

So a refusal may leave you with both the 6-month administrative suspension and a blood test result that the prosecutor uses in court anyway.

The Separate Criminal Penalty

Beyond the administrative suspension, the refusal may also be considered in the criminal case when setting bail conditions, during plea negotiations, or at sentencing. Its effect depends on the facts and evidence in the case.

When Refusal Might Be Challenged

The administrative hearing (which you must request within 20 days — same deadline as any other DUI case) provides a forum to challenge a refusal-based suspension. Grounds include:

• The officer didn't properly advise you of the implied consent consequences
• The officer lacked probable cause for the arrest
• The initial traffic stop lacked reasonable suspicion

If the OAH hearing officer finds a procedural failure, the refusal suspension can be reversed.

Our Wyoming First-Offense DUI Guide walks through the refusal pathway in detail, including how it affects your restricted license options and the additional costs involved compared to the standard suspension track.

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