Prepared by R. Michael Vang
R. Michael Vang, P.C.
1050 North Third Street, Suite B2
Laramie WY 82070
(307) 460-9252
www.rmichaelvangpc.com

The 2015 Wyoming Legislature made a significant change to Wyoming’s statutory post conviction relief that “may” allow a person that has previously been convicted of a driving under the influence (DUI) charge in Wyoming to have that DUI charge expunged after five (5) years; if the person otherwise meets the statutory requirements of Wyoming Statute 7-13-1501.

Since 1939, it has been unlawful in the State of Wyoming “[f]or any person who is under the influence of intoxicating liquor or narcotic drugs to drive any vehicle within this State.”[1] In 1955, it became unlawful for the first time in Wyoming to have a specific “per se” blood alcohol concentration (BAC) result of 0.15% or more while driving a motor vehicle.[2] The new “per se” DWUI law also contained the first mandatory presumption of innocence associated with a BAC result of 0.05% or less,[3] which still remains in effect today.[4] In 1961, the Wyoming Legislature broadened the scope of Wyoming’s DWUI law to include the ‘actual physical control of a motor vehicle,’[5] which allows law enforcement to arrest people who are found within a vehicle while intoxicated or otherwise incapable of safely driving, who are not a passenger.[6] In 1973, Wyoming’s “per se” BAC level was reduced from 0.15% or more, to 0.10% or more, while retaining the presumption of innocence associated with a BAC result of 0.05% or less.[7] In 1989, the mandatory presumption of guilt associated with a specific “per se” BAC level was repealed, while the legislature retained the presumption of innocence associated with a BAC result of 0.05% or less.[8] In 2002, the “per se” alcohol concentration level was again reduced to its current BAC level of 0.08% or more.[9]