In Wyoming, a person is guilty of DUI if he or she drives under the influence of a controlled substance, or combination of controlled substance and alcohol to a degree which renders him incapable of safely driving. Wyo. Stat. Ann. § 31-5-233(b)(iii)(B),(C) (2010).
Affirmative Defense
The fact that any person charged with a DUI has been entitled to use the controlled substance under the laws of this state shall not constitute a defense. Id. § 31-5-233 (d).
Implied consent
- Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in this state is deemed to have given consent to a chemical test or tests of his blood, breath or urine for the purpose of determining the controlled substance content of his blood.Id. § 31-6-102 (a)(i).
- If offender revokes implied consent, the department shall suspend the person’s driver’s license or his privilege to operate a motor vehicle in this state for six months (for the first related offense), or up to 18 months for habitual offenders. Id. § 31-6-107.
Penalties
- First offense misdemeanor – punishable by imprisonment for not more than six (6) months; a fine of not more than seven hundred fifty dollars ($750.00), or both; license revocation. Id. § 31-5-233(e).
- Second offense (within ten (10) years) – imprisonment for not less than seven (7) days nor more than six (6) months; offender shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health; offender shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail; may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars; license revocation. ($750.00). Id.
- Third offense (within ten (10) years) – imprisonment for not less than thirty (30) days nor more than six (6) months; offender shall receive a substance abuse assessment; offender shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration; license revocation. Id.
- Fourth or subsequent offense (within ten (10) years) felony – fine of not more than ten thousand dollars ($10,000.00); imprisonment for not more than two (2) years; or both; license revocation. Id.
Sobriety Checkpoints
In Wyoming, sobriety checkpoints are prohibited by interpretation of the roadblock statute.Id. §7-17-102.
Attorney General opinions in 1986 and 1996 recognize that sobriety checkpoints are constitutional in Wyoming, but that they are illegal because the roadblock statute specifically states when a roadblock may be conducted.