Wyoming’s DUI laws state that it is against the law to drive under the influence (DUI) of drugs and/or alcohol. Anyone who is operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of 0.08% or more is considered to be driving under the influence:
Wyoming DUI Laws – statute(s)
- S. § 31-5-233.
Wyoming DUI Law – standard
- “No person shall drive or have actual physical control of any vehicle within this state if the person: . . . to a degree which renders him incapable of safely driving: . . . is under the influence of a controlled substance . . . .” W.S. § 31-5-233(b)(iii).
Wyoming DUI Law – applicable substances
- Controlled substance.
Wyoming DUI Law– affirmative defense
- “The fact that any person charged with a violation of subsection (b) of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection (b) of this section.” W.S. § 31-5-233(d).
Wyoming Per se – statute(s)
Wyoming Per se – standard
- N/A
Wyoming Per se – applicable substances
- N/A
Wyoming Per se – affirmative defense
- N/A
Wyoming Implied consent – applicable drivers
- Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in Wyoming. W.S. § 31-6-102(a).
Wyoming Implied consent – tests authorized
- A chemical test or tests of his blood, breath or urine. W.S. § 31-6-102(a).
Wyoming Implied consent – basis for test
- Driver must be arrested for an alleged violation and LEO must have “probable cause to believe” the driver is operating a vehicle while under the influence.
- Driver can refuse test, unless there is “serious bodily injury or death,” or a search warrant is issued. W.S. § 31-6-102(d).
Wyoming Implied consent – evidence of refusal
- No longer addressed by state law, after provision repealed in 2011.
- Implied consent – administrative / civil penalty for refusal
- Penalties for refusal of a chemical test were removed from Wyoming law in 2011. Wyoming law now provides a means for a search warrant to be remotely transmitted so that test can be compelled. W.S. § 31-6-102(d).
Wyoming Implied consent – criminal penalty for refusal
