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Wyoming DUI Laws

You can be arrested for a DUI in Wyoming in one of two ways: if you violate Wyoming’s per se DUI law of driving with a BAC of 0.08% or higher OR if you are driving impaired due to alcohol and/or drugs even if your BAC is below 0.08%. Alcohol affects individuals differently and you may be deemed unsafe to drive even if your BAC is below the legal limit. In order to show that you were driving while impaired, the prosecution will depend on the arresting officer’s observations and evidence of driving inability. Factors such as physical appearance, driving too slowly, straddling the center line, erratic driving, field sobriety tests etc. can help prove that your driving was impaired.  Thus, if you have a BAC of 0.08% or higher, no further evidence of impairment needs to be proved; you will be deemed to be impaired per se. However, even if your BAC is below the legal limit you may still be arrested and convicted of a DUI if the prosecution can prove impairment.

The elements of a DUI conviction are (1) driving or having physical control of a motor vehicle (2) on a road or highway (3) while having a BAC of 0.08% or higher. In Wyoming, it is unlawful to drive with a BAC above the per se limit (0.08%) or to drive while impaired under the influence of drugs and/or alcohol. It is also important to keep in mind that in order to prove the first element (driving, operating or in physical control), the prosecution need not show that the offender was actually driving the car at the time of the arrest. Being in “physical control” of the vehicle could simply mean sitting in the car while parked. It is enough that you became impaired and subsequently placed yourself in a position to put the vehicle in motion.

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