Prepared by R. Michael Vang
R. Michael Vang, P.C.
1050 North Third Street, Suite B2
Laramie WY 82070
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.” 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. The new “per se” DWUI law also contained the first mandatory presumption of innocence associated with a BAC result of 0.05% or less, which still remains in effect today. In 1961, the Wyoming Legislature broadened the scope of Wyoming’s DWUI law to include the ‘actual physical control of a motor vehicle,’ 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. 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. In 1989, the mandatory presumption of guilt associated with a specific “per se” BAC level was repealed, while the legislature retained the presumption of innocence associated with a BAC result of 0.05% or less. In 2002, the “per se” alcohol concentration level was again reduced to its current BAC level of 0.08% or more.