Wyoming Statutes

Wyo. Stat. § 31-5-238 (2026)

Designated high occupancy vehicle lanes;

✓ current as of May 2026

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exceptions; penalty.

     (a) The director or a local authority may designate any
part of a roadway or specific lane of a roadway under the
director's or local authority's jurisdiction as a high occupancy
vehicle lane, except the director or a local authority may not
designate the only available lane of travel in a given direction
as a high occupancy vehicle lane. At no time shall a high
occupancy lane be designated as a toll road.

     (b) A vehicle operating in a high occupancy vehicle lane
shall be a high occupancy vehicle except:

          (i) Motorcycles and public transportation vehicles
may operate in a high occupancy vehicle lane regardless of the
number of occupants, subject to the other requirements under
this act;

          (ii) Any vehicle making a turn from a high occupancy
vehicle lane, subject to the other requirements under this act.
     (c) The department shall implement rules to provide for
the design, operation, maintenance and required signage for high
occupancy vehicle lanes.

     (d) Any person who operates a vehicle in a high occupancy
vehicle lane that is not a high occupancy vehicle or that is not
a vehicle authorized under subsection (b) of this section is
guilty of a misdemeanor punishable by:

          (i) For a first conviction, a fine of not more than
fifty dollars ($50.00);

          (ii) For a second conviction of the same offense
within one (1) year thereafter, a fine of not more than one
hundred dollars ($100.00);

          (iii) For a third or subsequent conviction of the
same offense within one (1) year after the first conviction, a
fine of not more than one hundred fifty dollars ($150.00).

Notes of Decisions

Cited in 11 cases, 2002–2016 · leading case: Spreeman v. State, 278 P.3d 1159 (Wyo. 2012).

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Spreeman v. State, 278 P.3d 1159 (Wyo. 2012). · cites it 3× “§ 31-5-283(b)(fii)(A), and is consequently not a qualifying offense for enhancement purposes under Wyo. Stat. Ann. § 31-5-238 (e). The State claims, however, that Wyoming's enhancement provision does not restrict qualifying convictions to offenses that arise from violations of…”

Jones v. State, 2002 WY 35 (Wyo. 2002). · cites it 2× “7 Restitution [T22] The petitioner next argues that the passenger is not entitled to restitution because she did not receive "serious bodily injury" as defined by Wyo. Stat. Ann. § 31-5-238 (h) 8 Reliance on subsection (h) is misplaced, however, because that subsection deals…”

Peterson v. Wyoming Dep't of Transp., Drivers' License Div., 158 P.3d 706 (Wyo. 2007). · cites it 2× “Wyo. Stat. Ann. § 31-5-238 (b)(1) (LexisNexis 2005).”

Carla Stalcup v. The State of Wyoming, 2013 WY 114 (Wyo. 2013). “" The district court erred in entering convictions and imposing sentences on both counts under § 31-5-238(b). [T 41] We reverse and remand the aggravated vehicular homicide matter for a new trial.”

Tiernan v. State, Dep't of Transp., 2011 WY 143 (Wyo. 2011). “§ 31-5-238(b). [¶15] Mr. Tiernan contends the evidence was insufficient to support the stop for a lane violation because, as the OAH found, it showed only that he "possibly" crossed over the center line and fog line.”

Vasco v. State, Dep't of Transp., 2011 WY 100 (Wyo. 2011). “(b) The scope of a hearing for the purposes of this act shall cover the issues of whether a peace officer had probable cause to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon a public street or highway in this state in…”

Melander v. State of Wyoming, 661 F. App'x 521 (10th Cir. 2016). “I Melander pleaded guilty in Wyoming state court to' one felony count of driving while under the influence, in violation of Wyo. Stat. Ann. § 31-5-238 . He was Sentenced to four to seven years’ imprisonment.”

Regan v. State ex rel. Wyoming Dep't of Transp., 292 P.3d 849 (Wyo. 2012). “ensions was an administrative proceeding, its scope was statutorily prescribed and limited: (b) The scope of a hearing for the purposes of this act shall cover the issues of whether a peace officer had probable cause to believe the arrested person had been driving or was in…”

Hittner v. State ex rel. Wyoming Dep't of Transp., 189 P.3d 872 (Wyo. 2008). · cites it 2× “WYDOT's orders were based on the cireumstance that Hittner refused to submit to required chemical testing when, on *873 March 22, 2006, he was arrested for driving while under the influence of alcohol as prohibited by Wyo. Stat. Ann. § 31-5-238 (b) (LexisNexis 2007).”

Michaels v. State ex. rel. Dep't of Transp., 271 P.3d 1003 (Wyo. 2012). “Michaels asserts the State had to prove that probable cause existed to believe that he was driving in violation of § 31-5-238(b) which he contends was intended to prohibit driving after consuming sufficient aleohol to have an alcohol concentration over the legal limit or be…”

State Ex Rel. Wyoming Dep't of Transp. v. Icenhower, 2014 WY 160 (Wyo. 2014). “H hearing on a driver's license suspension for DWUI is limited by statute to the following: (b) The scope of a hearing for the purposes of this act shall cover the issues of whether a peace officer had probable cause to believe the arrested person had been driving or was in…”

— Wyo. Stat. § 31-5-238(b) — 6 cases

— Wyo. Stat. § 31-5-238(e) — 1 case

Spreeman v. State, 278 P.3d 1159 (Wyo. 2012). “§ 31-5-283(b)(fii)(A), and is consequently not a qualifying offense for enhancement purposes under Wyo. Stat. Ann. § 31-5-238 (e). The State claims, however, that Wyoming's enhancement provision does not restrict qualifying convictions to offenses that arise from violations of…”

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