Wyoming Under 21 DUI: Zero Tolerance BAC and Underage Penalties

Wyoming enforces a zero-tolerance standard for drivers under 21. Under W.S. § 31-6-108, a BAC of 0.02% is enough to trigger an administrative license action. That is one-quarter of the standard 0.08% limit for adult drivers, and it means underage drivers face consequences at a much lower BAC threshold.

The 0.02% Threshold

The zero-tolerance law operates through Wyoming's implied consent framework. When a driver under 21 is stopped and tested, a BAC of 0.02% or higher triggers the administrative track — the same WYDOT-controlled license suspension system that applies to adult DUI cases, but at a dramatically lower threshold.

The key distinction: a BAC between 0.02% and 0.079% activates the underage-specific administrative penalty. If the BAC reaches 0.08% or higher, the underage driver faces both the zero-tolerance action and the standard adult DUI charge under W.S. § 31-5-233, which carries criminal court penalties including up to 6 months in jail and a fine of up to $750.

Administrative Penalties for Underage Drivers

For a first violation at the 0.02%–0.079% level:

• License suspension: An administrative suspension through WYDOT; the written notice states the duration that applies to the under-21 violation
• Chemical test refusal: Refusing the evidentiary chemical test triggers a 6-month administrative suspension — identical to the adult refusal penalty
• 20-day hearing deadline: The same strict 20-day window applies. The written hearing request must reach WYDOT within 20 days to contest the suspension. Missing this deadline waives the right to a hearing, and the suspension begins automatically on day 31.

The 30-day temporary driving permit issued at the time of the arrest works the same way as in adult cases — it allows driving for 30 days but does not extend the 20-day hearing request window.

Criminal Penalties When BAC Hits 0.08%

An underage driver at or above 0.08% faces the full adult DUI prosecution:

• Up to 6 months in jail (no mandatory minimum for a first offense)
• Fine up to $750 plus court costs
• Mandatory substance abuse assessment using the Addiction Severity Index
• Possible victim impact panel attendance
• Probation of 1 to 3 years
• The administrative track runs in parallel, so the license suspension happens regardless of the criminal case outcome

The dual-track system — WYDOT administrative suspension plus criminal court prosecution — applies to underage drivers the same way it applies to adults. A dismissal of the criminal charges does not affect the WYDOT suspension.

Restricted License Options for Underage Drivers

Eligibility for a probationary (hardship) license follows the same rules as for adults: the driver must have a BAC between 0.08% and 0.14%, must be a first-time offender, and must apply before the suspension begins. The process requires a $15 record review fee, a substance abuse assessment, enrollment in an approved DUI course, SR-22 insurance filing, and a $55 issuance fee.

For BAC at 0.15% or higher, or for chemical test refusals, the only restricted driving option is an Ignition Interlock Restricted License (IIRL). A 45-day hard-suspension wait applies to chemical-test refusals; confirm the applicable timing for a high-BAC result with WYDOT.

For the zero-tolerance-only violation (0.02%–0.079%), restricted license eligibility depends on the specific terms of the administrative suspension. Contact WYDOT Driver Services at 307-777-4839 to verify eligibility for your situation.

What Parents Should Know

If your child is under 18, ask WYDOT how the administrative hearing request must be signed or filed on the child's behalf. The 20-day deadline does not wait for a parent to find out about the arrest. Make sure you have the temporary permit paperwork — it doubles as the suspension notice and contains the instructions for requesting a hearing.

The Wyoming First-Offense DUI Guide covers every step of both the administrative and criminal tracks, including the restricted license decision process and full cost breakdowns that apply whether the driver is 19 or 39.

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