Driving after a DUI in Wyoming: the Probationary License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

At the arrest the officer issues a temporary driver license and notice of suspension; Wyo. Stat. § 31-6-102(f) requires the notice to state that the person has twenty (20) days from the date of the notice to request a hearing from the department, and that failure to request one results in the suspension automatically commencing thirty (30) days after the date of the notice. WYDOT states every request must be made in writing to the Department, received or postmarked within 20 days of the date the Department gave notice of the intended action, with the required fee: a Contested Case Hearing before the Office of Administrative Hearings (WYDOT form 'Contested Case Hearing Request', $25 fee, mailed to WYDOT Driver Services, Driver Compliance, 5300 Bishop Blvd, Cheyenne; the form states a request is not considered received until payment is made and that premature requests pre-dating the notice are not accepted), or, if the intent is only to receive limited driving privileges, a record review conducted by the Department ($15). A timely hearing request stays the suspension until the order after the hearing is entered and appellate review is complete (§ 31-6-103(a)); the hearing examiner schedules the hearing within 45 days with at least 10 days' notice, and the hearing is limited to probable cause, arrest, a test result of 0.08 or more and the required advisements (§ 31-6-103(b)). An order sustaining the suspension may be petitioned to the district court within 30 days (§ 31-6-104(a)). Neither WYDOT nor the statute says whether the 20 days are calendar or business days.

“Every request must be made, in writing, to the Department, and must be received or postmarked within 20 days of the date the Department gave the person notice of the intended action. The required fee must be included with the request.”

Who can get it, and how soon

WYDOT's Guide to Driving Privilege Withdrawals states that a person under an Administrative Per Se suspension (arrest for DWUI with a chemical test of 0.08 percent or greater) is eligible for a probationary driver license if the person has not had one in the past five years and has no ignition interlock requirement, and that a first-offense DWUI conviction is eligible if the person has not had one in the past five years and the BAC is less than .15 percent; limited driving privileges cannot be issued for any DWUI after the first offense or during a revocation. WYDOT's Probationary Licenses page lists as grounds for denial an expired license or never having been licensed, a probationary license issued in the previous five years, another current suspension or withdrawal in Wyoming or any other state, a suspension that can be cleared by the person, an action not allowable by statute (a second or subsequent DUI conviction, a revocation, disqualification or denial) and an Ignition Interlock Requirement; a driver whose CDL privileges are disqualified must drop to a Class C license first.

“Eligible for probationary driver license – If you have not had one in the past five years and you don’t have an ignition interlock requirement.”

No waiting period before a probationary license is stated on the WYDOT pages or in Wyo. Stat. § 31-7-105(f). WYDOT states the 90-day Administrative Per Se suspension starts 30 days after the officer issues the temporary driver license and notice of suspension at the arrest (or at the end of any existing suspension or revocation), and Wyo. Stat. § 31-6-103(a) stays the suspension while a timely hearing request is pending. The probationary license is obtained by requesting a record review within the 20-day notice period; WYDOT states that if the review finds the person eligible the forms are mailed and the license is issued when they are returned with the fee. If the person is later convicted of the DWUI, the guide states the time served on the per se suspension is credited toward the 90-day DWUI suspension (Wyo. Stat. § 31-6-102(e) reduces the conviction suspension by 90 days). WYDOT's guide lists no per se suspension for a chemical-test refusal, so no refusal waiting period is stated.

“Start of suspension – 30 days after the issuance of the temporary driver license and notice of suspension given by the officer at the time of the arrest, or at the end of any existing suspension or revocation.”

Conditions attached to the privilege

Record review: a written request (oneWYO, email to dot-dscomp@wyo.gov, or mail) with the $15 record review fee and a current address — WYDOT's 'Record Review Request' form (07/27/2023) is captioned 'to be considered for limited driving privileges', asks whether the action resulted from a DUI arrest and the arrest date, and states the request is not considered received until payment is made; if eligible, WYDOT mails the forms, which are returned with the $55 probationary driver's license fee (the reissuance fee for a change is also $55). Alcohol assessment: for an alcohol-related suspension an alcohol assessment by a counselor must be completed before the license can be issued, and WYDOT's minimum requirement is a standard 8-hour DUI education class approved by the Wyoming Department of Health plus any additional treatment the counselor recommends; Wyo. Stat. § 31-7-105(f)(iii)(B) conditions the privilege on the person agreeing to pursue and completing an alcohol education or treatment program the department prescribes. SR-22: 'If an SR-22 is required, it must be on file before a probationary license can be issued'; the guide lists no SR-22 among the Administrative Per Se reinstatement requirements but does list one for a DWUI conviction. Interlock: the probationary license is denied to anyone with an Ignition Interlock Requirement; a first DWUI conviction with a BAC of .15 or above (six-month interlock requirement) uses the separate Ignition Interlock Restricted License instead. Only one probationary license may be held in a five-year period.

“If the suspension is alcohol related, you will be required to get an alcohol assessment before a probationary driver's license can be issued. If an SR-22 is required, it must be on file before a probationary license can be issued.”

Where and when it allows driving

WYDOT presents the probationary license as the answer to 'How do I get a driver's license to drive for work during my suspension?', and Wyo. Stat. § 31-7-105(f)(i) limits the department to extending limited driving privileges 'only in cases where failure to do so would cause an undue hardship'. No specific purposes, hours or geographic limits are printed on the WYDOT pages; the terms are set on the forms WYDOT mails to an eligible applicant after the record review, and a change requires a letter to the Department, a new application and the $55 reissuance fee.

“How do I get a driver's license to drive for work during my suspension? You can apply for a record review using oneWYO, or email the written request to dot-dscomp@wyo.gov.”

How it is issued

The licensing agency issues the Probationary License.

Official page: dot.state.wy.us

The statute: Wyo. Stat. § 31-7-105(f)

“(i) It shall be extended only in cases where failure to do so would cause an undue hardship; (ii) Except as provided in paragraph (iv) of this subsection, it shall be extended only once to any person in a five (5) year period;”