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Topic guideUpdated 2026-02-27

Wyoming DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Wyoming escalate significantly with each subsequent offense and with aggravating factors like high BAC §31-5-233. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense §31-5-233

A first DUI in Wyoming is classified as a misdemeanor.

  • Jail: 7 days (or 24 hours community service in lieu) minimum to 6 months maximum
  • Fine: $750 to $750 (mandatory minimum)
  • License suspension: 90 days
  • Substance abuse program: substance abuse assessment and recommended treatment
  • Community service: 24 hours in lieu of minimum jail
  • Probation: available

Second offense

  • Jail: 7 days minimum to 6 months maximum
  • Fine: $500 to $750
  • License suspension: 1 year

Third and subsequent offenses

  • Jail/prison: 30 days minimum to 6 months (misdemeanor) or up to 7 years (felony if 3rd within 5 years) maximum
  • Fine: $1,500 to $3,000
  • License suspension: 3 years
  • Felony threshold: third offense within 5 years is a felony

Penalty comparison by offense tier

OffenseJail RangeFine RangeLicense Suspension
First DUI7 days (or 24 hours community service in lieu)–6 months §31-5-233$750–$750 (mandatory minimum) §31-5-23390 days §31-5-233
Second DUI7 days–6 months §31-5-233$500–$750 §31-5-2331 year §31-5-233
Third DUI30 days–6 months (misdemeanor) or up to 7 years (felony if 3rd within 5 years) §31-5-233$1,500–$3,000 §31-5-2333 years §31-5-233

Lookback period

Wyoming uses a 10 years (5 years for felony threshold) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors §31-5-233(b)(ii)

  • BAC ≥ 0.15 (enhanced penalties)
  • Prior DUI within 10 years
  • Child under 18 in vehicle
  • DUI causing serious injury or death (separate felony charges)

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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