Wyo. Stat. § 31-7-128

Mandatory suspension of license or nonresident

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operating privilege for certain violations; suspension of
registration.

     (a) The division shall suspend the license or nonresident
operating privilege of any driver upon receiving a record of the
driver's conviction under W.S. 31-5-229, a similar local
ordinance or a similar statute or ordinance in another
jurisdiction for:

         (i)    Ninety (90) days, for the first conviction;

          (ii) Six (6) months, if the person has been
previously convicted once under W.S. 31-5-229, a similar
ordinance or a similar statute or ordinance in another
jurisdiction within the five (5) year period preceding:

               (A) The date of the offense upon which the
conviction is based; or
                (B)   The date of conviction at issue.

     (b) Upon receiving a record of a driver's conviction under
W.S. 31-5-233 or other law prohibiting driving while under the
influence, the division shall suspend the license or nonresident
operating privilege for:

          (i)   Ninety (90) days for the first conviction;

          (ii) One (1) year, if the person has been previously
convicted once under W.S. 31-5-233 or other law prohibiting
driving while under the influence within the ten (10) year
period preceding:

               (A) The date of the offense upon which the
conviction is based; or

                (B)   The date of the conviction at issue.

     (c) If a person has been convicted under W.S. 31-5-233 or
other law prohibiting driving while under the influence at least
once within the two (2) year period preceding the date of the
most recent offense upon which a conviction under W.S. 31-5-233
or other law prohibiting driving while under the influence is
based, the registration of the vehicle being driven if
registered in this state to the convicted individual shall be
suspended by the division for the period of the driver's license
revocation or suspension. The division shall notify the county
treasurer of the vehicle registration suspension. The county
treasurer, during the period of registration suspension, shall
not issue any new vehicle registrations to the convicted
individual. Any peace officer may confiscate the license plate
of a vehicle whose registration is solely in the name of the
driver whose license has been suspended or revoked under state
law.

    (d)   Repealed By Laws 2013, Ch. 102, § 3.

     (e) Any person whose driver's license or nonresident
operating privilege has been suspended shall, for a three (3)
year period beginning on the date of suspension, file and
maintain proof of financial responsibility as required in W.S.
31-9-401 through 31-9-414. The requirement for filing and
maintaining proof of financial responsibility under this
subsection does not apply to a suspension under subsection (f),
(g) or (n) of this section.
     (f) Upon receiving a record of the conviction of a driver
who is under nineteen (19) years of age for violating any law
regarding the possession, delivery, manufacture or use of a
controlled substance or alcohol, the division shall suspend the
license or nonresident operating privilege for:

           (i)   Ninety (90) days for the first conviction;

          (ii) Six (6) months, if the person has been
previously convicted within the preceding twelve (12) months for
violating any law regarding the possession, delivery,
manufacture or use of a controlled substance or alcohol.

     (g) Upon receiving notice from the department of family
services that a driver is in arrears in a child support
obligation, the division shall withhold or suspend the license
or any nonresident operating privileges of any driver as
specified in the notice until the division receives notice from
the department of family services that the driver has made full
payment of his child support obligation in arrears or has
entered into and is complying with a payment plan approved by
the department of family services.

     (h) Upon receiving a record of a driver's violation of
W.S. 31-5-234, the department shall suspend or deny the license
or nonresident driving privileges as follows:

          (i) A person who has been issued a driver's license
shall be suspended:

                 (A)   For a period of ninety (90) days for a first
offense;

               (B) For a period of six (6) months if the person
has previously violated W.S. 31-5-234 once, or has previously
been convicted once under W.S. 31-5-233 or other law prohibiting
driving while under the influence within two (2) years
preceding:

                    (I)       The date of the offense upon which the
conviction is based; or

                       (II)   The date of conviction.

                 (C)   Repealed By Laws 2002, Ch. 93, § 2.
          (ii) A person who has not been issued a driver's
license shall not operate a vehicle and the department shall not
issue the person a driver's license or learner's permit for the
time specified in paragraph (h)(i) of this section.

     (j) The provisions of subsection (e) of this section do
not apply to a denial or suspension under W.S. 31-5-234 if the
denial or suspension is based solely on a violation of W.S.
31-5-234.

     (k) Records of convictions or license suspensions under
subsection (h) of this section shall not be made a part of the
abstracts or records kept by the department of transportation
pursuant to W.S. 31-5-1214 or 31-7-120. Any records maintained
by the department for suspensions under subsection (h) of this
section shall be maintained separately and shall not be
available for public inspection except for inspection by any law
enforcement officer or agency to enforce the laws of Wyoming.
Records under this subsection shall be maintained so that, upon
inquiry by any member of the public who is not otherwise
entitled to inspect a record maintained under this subsection,
the records relating to the subject of the inquiry shall not
display information with respect to a license suspension under
subsection (h) of this section. Any driver's license suspension
or related records under subsection (h) of this section shall
not be the basis for any increase in insurance premiums or the
cancellation of any insurance policy for a person or his parents
affected by subsection (h) of this section.

     (m) Notwithstanding subsection (k) of this section, the
department shall expunge the record relating to the suspension
of a driver's license under subsection (h) of this section when
the person under suspension attains twenty-one (21) years of
age, unless the person's driver's license is under suspension at
that time, in which case the record shall be expunged when the
suspension terminates and the person has paid the reinstatement
fee required under W.S. 31-7-113(e).

     (n) The division shall suspend the license or nonresident
operating privilege of any driver upon receiving a record of the
driver's second or subsequent conviction under W.S. 6-3-402 with
regard to motor vehicle fuel offered for retail sale, a similar
local ordinance or a similar statute or ordinance in another
jurisdiction for:

         (i)   Thirty (30) days, for the second conviction;
          (ii) Ninety (90) days for the third and each
subsequent conviction.
Notes of Decisions
Cited in 7 cases, 1989–2014 · leading case: Johnson v. State Hearing Examiner's Office
Johnson v. State Hearing Examiner's Office (1992) wyo · cites it 61× “§ 31-7-120; creating a new subsection (e) for Wyo.Stat. § 31-7-128, and providing exceptions in Wyo.”
McGuire v. State, Department of Revenue & Taxation (1991) wyo · cites it 26× “Whether the Department of Revenue and Taxation erred in its interpretation of W.S. 31-7-128 and subsequently: A. Erred in imposing a second DWUI penalty rather than a first offense DWUI penalty; B.”
Wilson v. State Ex Rel. Office of Hearing Examiner (1992) wyo · cites it 2× “§ 31-5-233 and § 31-7-128 (Supp.1992) since they drive regularly in work activities.”
Wyoming Department of Transportation v. Haglund (1999) wyo “If a criminal conviction results from the same incident on which a suspension under this subsection is based, the suspension under W.S. 31-7-128(b) or revocation under W.S.”
Jamie T. Dubbelde v. State of Wyoming, Ex Rel., Department of Transportation (2014) wyo · cites it 3× “Wyo. Stat. Ann. § 31-7-128 provides for a mandatory ninety day license suspension upon receipt by WYDOT of a driver's conviction for DUI.”
McDonald v. State, Department of Revenue & Taxation (1993) wyo · cites it 2× “” This notice was issued pursuant to Wyo.Stat. § 31-7-128 (1989), which provides for a mandatory one-year suspension of a driver’s license for a second offense of driving while under the influence within a five-year time frame.”
Meyer v. State ex rel. Department of Revenue & Taxation (1989) wyo “Thereafter, based upon appellant’s conviction and pursuant to W.S. 31-7-128, ap-pellee State of Wyoming, Department of Revenue and Taxation, sent appellant an “Order of Suspension and Notice of Opportunity for Hearing” providing for the suspension of appellant’s driving…”
— Wyo. Stat. § 31-7-128(b) — 2 cases
Wyoming Department of Transportation v. Haglund (1999) wyo “If a criminal conviction results from the same incident on which a suspension under this subsection is based, the suspension under W.S. 31-7-128(b) or revocation under W.S.”
McGuire v. State, Department of Revenue & Taxation (1991) wyo “Whether the Department of Revenue and Taxation erred in its interpretation of W.S. 31-7-128 and subsequently: A. Erred in imposing a second DWUI penalty rather than a first offense DWUI penalty; B.”
— Wyo. Stat. § 31-7-128(b)(ii) — 1 case
McGuire v. State, Department of Revenue & Taxation (1991) wyo “Whether the Department of Revenue and Taxation erred in its interpretation of W.S. 31-7-128 and subsequently: A. Erred in imposing a second DWUI penalty rather than a first offense DWUI penalty; B.”
— Wyo. Stat. § 31-7-128(f) — 1 case
Johnson v. State Hearing Examiner's Office (1992) wyo “§ 31-7-120; creating a new subsection (e) for Wyo.Stat. § 31-7-128, and providing exceptions in Wyo.”
— Wyo. Stat. § 31-7-128(f)(i) — 1 case
Johnson v. State Hearing Examiner's Office (1992) wyo “§ 31-7-120; creating a new subsection (e) for Wyo.Stat. § 31-7-128, and providing exceptions in Wyo.”
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