Cheyenne · Laramie County · Wyoming
You were pulled over, you blew or you refused, and now you have a court date and a paper that says your license is about to be suspended. You are thinking about your job, your insurance, and what your family will say.
A Wyoming DUI is two cases. The criminal case decides jail, fines, and your record. The license case runs on its own clock, and you generally have 20 days from the notice of suspension to ask for a hearing. If you miss that deadline, the suspension takes effect no matter what happens in court.
What the State has to prove
Under Wyo. Stat. § 31-5-233, the State must prove you drove or were in actual physical control of a vehicle either while under the influence to a degree that made you incapable of driving safely, or with an alcohol concentration of 0.08% or more. For drivers under 21, the limit is 0.02% (§ 31-5-234).
“Actual physical control” matters in Wyoming. People are charged while parked, while sleeping in a running truck, and while waiting out a storm on the shoulder. Whether that counts depends on the facts, and it is often contestable.
Where DUI cases are won
- The stop. An officer needs reasonable suspicion to pull you over. If the stop fails, the evidence that followed can fail with it.
- Field sobriety tests. Wind, cold, a gravel shoulder, footwear, and bad instructions all affect performance. The dashcam and bodycam often tell a different story than the report.
- The breath test. Instrument maintenance, the observation period, and operator certification all have to be right, and all have to be documented.
- The blood draw. Warrant or valid consent, chain of custody, and lab procedure.
- What you said. Statements taken without proper warnings can sometimes be excluded.
What is at stake
Wyoming grades DUI on prior offenses within ten years under Wyo. Stat. § 31-5-233(e). A fourth offense within that window is a felony. Penalties also include jail, fines, license suspension, and ignition interlock. Interlock is required on a first conviction when the result was 0.15% or higher. Commercial drivers face a separate CDL disqualification, including for an offense in a personal vehicle.
For a driver who earns a living behind the wheel, the license case can matter more than the criminal one.
If you refused
Refusing a chemical test carries its own license consequences under Wyoming’s implied consent law, and the refusal can be raised at trial. A refusal case is not better or worse than a test case. It is different, and it is defended differently.
Deferral and keeping the record clean
For some first-time defendants, a deferral or a negotiated reduction can avoid a DUI conviction. Those options are widest before a plea and narrow fast after. The decision is usually made in the first few weeks.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he charged misdemeanors and felonies, DUI cases among them. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College and a member of the National College for DUI Defense.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
Should I request the license hearing?
In almost every case, yes. It protects your right to challenge the suspension, and the officer’s testimony at that hearing can become useful in the criminal case. The deadline is short 20 days from the notice of suspension.
Will a first DUI put me in jail?
Jail is possible on a first offense but is not the usual result without aggravating facts such as a very high test result or a crash. What happens to your license and your record is usually the bigger question.
Was refusing the test a mistake?
Not necessarily. A refusal removes the number from the case but carries its own license consequences. It changes the defense rather than ending it.
What happens to my CDL?
A DUI can disqualify a commercial license even when the offense happened in your personal vehicle. If you hold a CDL, say so on the first call.
Talk to a lawyer today
The 20-day license clock started the day you were stopped. Call today.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.