Second DUI Offense (Within 10 Years)

A second DUI conviction within 10 years is treated as a misdemeanor in Wyoming, but the penalties jump dramatically from a first offense.

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**Mandatory Minimum Jail Time.** Unlike a first offense where jail is optional, a second offense carries a mandatory minimum of 7 days in jail. The maximum is 6 months. The judge has discretion within that range, but you will spend time in custody. This is not negotiable. Every plea to a second DUI conviction includes jail time.

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**Fines.** The court imposes a minimum fine of $ 200, which can go up to $ 750. Court costs add another 200 to 400 dollars. You will also owe costs associated with substance abuse assessment and treatment programs.

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**License Suspension.** WYDOT suspends your license for one full year. This is a hard suspension. Unlike a first offense, there is no probationary license option. You cannot drive for 12 months, unless you apply for an interlock license. You must complete one year of interlock to get your license back. 

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**Ignition Interlock Device.** Mandatory for one full year. The device must be installed in any vehicle you operate. You pay for installation and monthly rental.

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**Substance Abuse Treatment.**  Length to be determined by your treatment provider.

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**Probation.** You will be on probation for 1 to 3 years. During this period, you are not allowed to consume alcohol. You must submit to regular testing.

* Possible Referral to a Court-Ordered Treatment Program You may be assigned to the DUI Court Program in your county, which involves supervised probation, regular testing and treatment, and weekly court visits.

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**SR-22 Insurance.** You are required to keep your SR-22 certification for three years. This will raise your insurance costs by $500 to $1,500 more each year beyond your normal premium.

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Commercial License Impact

If you hold a commercial driver's license (CDL), the consequences are catastrophic. A second DUI conviction results in a lifetime CDL disqualification. You cannot operate a commercial vehicle for the rest of your life.

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There is one exception. If your second offense did not involve operating a vehicle carrying hazardous materials, you can petition the court after 10 years to apply for an investigation into whether the disqualification should be removed. But this is not automatic. You must petition. You must prove you are eligible. Even then, removal is not guaranteed.

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If you operate a commercial vehicle, this conviction ends your career in that field.

Third DUI Offense (Within 10 Years)

A third DUI within 10 years moves into much harsher territory. You are still charged with a misdemeanor, but the penalties approach felony-level severity.

**Mandatory Minimum Jail Time.** A third offense carries a mandatory minimum of 30 days in jail. The maximum is 6 months. Thirty days is a hard minimum. You will spend at least a month incarcerated.

**Fines.** The court imposes fines ranging from $750 to $3,000. Court costs and treatment program expenses add thousands more.

**License Revocation.** Your license is suspended for a minimum of two years.

**Ignition Interlock Device.** Mandatory for a minimum of two years. If you want to drive during the revocation period, you must install and maintain the ignition interlock device for the full revocation period and beyond.

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**Note: even if you attempt to wait out the two years, you will still have to install an interlock device for two years after your suspension or you cannot get your license back.**

**Substance Abuse Treatment.** Mandated participation in a certified treatment program or DUI court Program. For third offenders, the court can order inpatient treatment. You receive credit toward your sentence for completing inpatient treatment (up to 15 days of jail credit), but you still serve half of the mandatory jail time.

**Probation.** Probation for up to three years with all the conditions of alcohol abstinence, testing, and regular check-ins.

**SR-22 Insurance.** Mandatory for three years at significantly increased cost.

A third DUI conviction is devastating. You can spend at least 30 days in jail. You can be ordered to participate in inpatient or outpatient treatment. You are on probation. Your criminal record now shows two prior DUI convictions plus this current conviction. Employment becomes extremely difficult. Housing becomes difficult. Professional licenses can be revoked. Family relationships often suffer.