Wyoming’s Implied Consent Law: What Refusing a Breath Test Means
When you get pulled over in Wyoming on suspicion of driving under the influence (DUI), refusing a breath test can have lasting consequences.
Under Wyoming’s implied consent DUI law, drivers are required to submit to chemical testing if law enforcement has probable cause to believe they are under the influence.
If you’ve been cited or arrested after refusing a breathalyzer, Steven Titus & Associates, P.C., can help. We’ve helped countless drivers in Gillette and throughout Campbell County navigate DUI investigations and refusals.
What Is Wyoming’s Implied Consent Law?
Wyoming’s implied consent law means that if you drive a vehicle on a public road, you automatically agree to submit to a chemical test (breath, blood, or urine) if law enforcement suspects you’re driving under the influence. This agreement is implied by the act of driving in the state, not by signing a waiver or form.
Wyo. Stat. § 31-6-102 states that any person who drives a motor vehicle in Wyoming is deemed to have given consent to a test for alcohol or controlled substances if a law enforcement officer has probable cause.
This means that if an officer pulls you over, suspects DUI, and asks you to take a breathalyzer, refusing that test violates this statute—even if you haven’t been arrested yet.
What Happens When You Refuse a Breathalyzer in Wyoming?
Many drivers mistakenly believe that refusing the breath test will prevent a DUI conviction. In reality, Wyoming’s laws impose swift and severe penalties even if you are never convicted of DUI.
Immediate License Suspension
A breathalyzer refusal in Wyoming triggers an automatic administrative license suspension, regardless of the outcome of the DUI case. This is enforced by the Wyoming Department of Transportation (WYDOT).
- First Refusal: 6-month license suspension
- Second Refusal (within 10 years): 18-month suspension
- Third or Subsequent Refusal: Up to 3 years
This is known as a per se suspension, meaning it applies just because you refused, not because you were proven guilty of DUI.
You must request a hearing within 20 days of the arrest if you want to challenge this suspension. If you miss this deadline, the suspension stands automatically.
It Can Be Used Against You in Court
Even though refusing the test might seem like a way to avoid giving the state evidence, prosecutors are allowed to argue that refusal shows consciousness of guilt. This means your refusal can still be used against you in your DUI trial.
Ignition Interlock Requirements
For many drivers, a refusal will trigger ignition interlock device (IID) installation requirements, particularly if you’re a repeat offender or your license was suspended for an extended period.
Administrative vs. Criminal Penalties: A Dual Process
Refusing a test triggers two separate tracks:
Administrative Penalties
Handled by WYDOT, these include:
- License suspension
- Fees for reinstatement
- Requirement of SR-22 insurance (proof of high-risk coverage)
- Possible interlock device mandate
Criminal Penalties
Refusal doesn’t prevent the prosecution from prosecuting for DUI. In fact, many DUI cases in Wyoming move forward without a chemical test result. Officers may rely on evidence such as field sobriety test results, officer testimony, dashcam or bodycam footage, and witness statements.
If convicted of DUI without a test, you still face:
- Jail time
- Fines
- Criminal record
- Mandatory substance abuse treatment
- Additional license revocation periods
At Steven Titus & Associates, P.C., we handle both aspects of your case—administrative hearings and criminal court—so you’re not caught off guard by the full scope of consequences.
Can Officers Force a Test?
In some situations, officers can request a warrant for a blood draw, especially in cases involving serious injury, repeat DUI charges, or other felonies. If a warrant is issued, you cannot legally refuse the test.
If no warrant is obtained and you refuse, then administrative penalties apply, but law enforcement cannot physically compel you (without a warrant).
Gillette DUI Refusal Penalties: Real-World Impact
For drivers in Gillette, refusal cases often follow a similar pattern:
- Pulled over for a minor infraction (e.g., speeding, failure to signal)
- Officer suspects impairment and requests a breath test
- Driver refuses
- License is immediately confiscated
- Temporary license is issued
- DUI and refusal charges proceed simultaneously
Refusing may reduce the prosecution’s scientific evidence, but courts and prosecutors take refusal seriously and often seek harsher plea terms or push for maximum sentencing in these cases.
If you’ve refused a breath or blood test in Gillette, don’t go to court alone. Our law firm knows how local courts treat refusal cases and what strategies can work best to minimize damage.
Fighting a Refusal Charge?
With the right defense strategy, you may be able to challenge both the refusal allegation and the underlying DUI charge.
Common Defense Strategies
- Officer lacked probable cause to request a test
- The test instructions were unclear or misleading
- You never refused, but the officer misunderstood or miscommunicated
- Health conditions or anxiety prevented proper test completion
- Testing device was not properly calibrated
- Officer failed to warn you of the legal consequences
What to Do If You’re Pulled Over for DUI in Wyoming
Knowing your rights at the moment is essential. Here’s what to do if you’re stopped on suspicion of DUI:
- Stay calm and polite, as hostility can escalate the situation.
- Provide license, registration, and insurance as required.
- Do not admit to drinking or using drugs.
- Request an attorney immediately after arrest.
And if you’re unsure what to do, call a lawyer before giving consent to anything.
Speak With Our Experienced Gillette DUI Lawyer
At Steven Titus & Associates, P.C., we know how to challenge DUI refusal cases in Gillette and across Wyoming. We’ll evaluate whether law enforcement followed the law, help you request a timely hearing, and build a defense that gives you the best shot at protecting your license, record, and freedom.
Call our Gillette DUI defense attorney today at (307) 257-7800 for a free consultation. The sooner you reach out, the faster we can work to defend you.
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