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A focused amendment to Wyoming's DUI law so that driving drunk with a child in the car carries real consequences from the first offense
Among the worst states in America for alcohol-impaired driving
6.78 deaths per 100,000 residents
Second only to Montana nationwide
629.12 arrests per 100,000 licensed drivers
Third highest in America
8.22 per 100,000 licensed drivers
Among the worst nationwide
96.82 out of 100 (worst = 100)
Fourth most severe in nation
About 1 in 3 Wyoming custodial arrests
were DUI arrests (2021)
0.70 per 100,000 drivers in fatal crashes
Fifth worst in America
Wyoming arrests more people for DUI per licensed driver than all but two states in America. This is not an enforcement problem. This is a public health crisis.
National data reveals a heartbreaking pattern of child endangerment
Children ages 0-14 killed in drunk driving crashes (2022)
Of ALL child traffic deaths involve alcohol-impaired drivers
Of children killed were passengers of the drunk driver
Of drunk drivers SURVIVED when their child passenger died
Median BAC — nearly DOUBLE the legal limit of 0.08 g/dL
Of child passengers who died with an impaired driver were unrestrained
W.S. 31-5-233(m) sets maximum penalties, but no minimums
Wyoming's current child passenger provision, W.S. 31-5-233(m), sets ceilings but no floors. A first conviction can end in a fine with no jail at all, and any jail that is imposed can be suspended in favor of probation.
Without minimums, a first offender with a child in the car can leave court with a suspended sentence, probation and a small fine. If the case is deferred, there is no conviction on the record at all, and the child passenger penalties never apply.
This pattern sends a clear message: Driving drunk with children in the car carries minimal real-world consequences. The law has no teeth. Offenders face no guaranteed accountability. Children remain unprotected.
Meanwhile, Wyoming remains #2 in the nation for DUI fatalities per capita, with no signs of improvement.
Targeted changes to existing Wyoming law, effective July 1, 2027
7 days in jail and a $500 to $750 fine for a first conviction. 30 days and a $2,000 to $5,000 fine for a second or later conviction. The jail time must be served before probation can start.
Protects every passenger under 18, not just under 16. This also extends Wyoming's existing child abuse reporting trigger to 16- and 17-year-old passengers.
Required after every conviction with a child in the car, whatever the BAC: 1 year for a first conviction, 2 years for a second, or the probation term if longer. Courts can use the 24/7 Sobriety Program instead or in addition.
When the evidence supports a child passenger charge, it must be filed. It can't be reduced or dismissed without a statement in open court, the same standard Wyoming already uses for every DUI.
A DUI with a child in the car can no longer be deferred and wiped from the record. Serious injury and death stay under existing law: up to 10 years for injury and up to 20 years for aggravated homicide by vehicle.
No new crime, program, fee or state cost, and no higher maximum jail term. Every provision amends existing statute and borrows language already in W.S. 31-5-233, following Tennessee's enhanced-sentence approach.
What changes, what it means for Wyoming children
| Provision | Current Wyoming Law | DUI–Child Passenger Protection Act |
|---|---|---|
| Child Age Protected | Under 16 only | ✓ Under 18 (all minors) |
| Minimum Jail, First Conviction | ✗ None | ✓ 7 days, served before probation |
| Minimum Jail, Second or Later | ✗ None | ✓ 30 days, served before probation |
| Fine, First Conviction | ✗ Up to $750; a fine alone with no jail is allowed | ✓ $500 to $750, plus jail |
| Fine, Second or Later | ✗ None | ✓ $2,000 to $5,000 |
| Ignition Interlock | ✗ Only if BAC was 0.15% or higher | ✓ Every conviction: 1 year first, 2 years second (or the probation term if longer) |
| Child Passenger Charge | ✗ Can be left off | ✓ Must be charged when the evidence supports it |
| Deferred Prosecution | ✗ Available on a first offense | ✓ Not available |
| Maximum Jail | Up to 1 year first, 5 years second | Unchanged |
| Serious Injury or Death | Up to 10 years (injury), up to 20 years (death) | Unchanged; existing law already covers both |
| State Cost | N/A | ✓ None anticipated; county jail days only |
What the evidence says about the tools in this bill
Tennessee treats DUI with a child passenger as an enhanced sentence inside its DUI statute, with a mandatory minimum jail term, and sends cases of injury or death to its existing vehicular assault and vehicular homicide laws (Tenn. Code Ann. § 55-10-402).
Wyoming's proposal follows Tennessee's structure: an enhanced sentence inside the existing DUI statute rather than a new crime, with serious injury and death left to penalties already in Wyoming law.
Minimums only count if they're served: Wyoming already makes the minimums for repeat DUIs mandatory in W.S. 31-5-233(e). This bill uses the same language for DUI with a child in the car.
Charges have to stick: The penalties only apply if the child passenger charge is filed and the case isn't deferred. The bill closes both gaps using standards already in Wyoming law.
Ignition interlocks work while they're installed: They cut DUI re-arrests by a median of 67% while installed, according to the Community Guide's review of 13 studies. The bill keeps the interlock on for the full probation term when that is longer.
States with mandatory minimums and ignition interlock requirements have better DUI outcomes than states with discretionary laws.
Join the movement to make Wyoming a national leader in child protection
Find your state senator and representative. Tell them you support the DUI–Child Passenger Protection Act.
Share this campaign on social media. Use #ProtectWyomingKids to amplify the message.
Add your name to the growing list of Wyomingites demanding stronger child protection laws.