Often called “public intoxication,” under Utah Code section 76-9-701, an intoxication charge can be filed for behavior occurring in either a public or private place. Criminal penalties for an intoxication conviction can include jail time, substantial fines, and a range of probation conditions. If you are charged with intoxication in Ogden or elsewhere in Utah, it is critical to have a skillful criminal defense attorney working on your side.
Elements of Intoxication under Utah Law
An intoxication charge in Utah requires evidence that the defendant was intoxicated to such a degree that he or she endangered either the himself/herself or another person. Most intoxication charges filed in the Ogden City Justice Court are based on alcohol consumption. But an intoxication charge can also be based on impairment resulting from the use of a controlled substance (drug) or “any substance having the property of releasing toxic vapors.”
A common misconception exists that a criminal charge for intoxication must be based on conduct occurring in a public place. While many Ogden intoxication charges arise from “public” incidents, the language of Utah’s intoxication applies both to “public” intoxication as well as to conduct occurring “in a private place where the person unreasonably disturbs other persons.” In other words, if a person’s conduct is loud enough or otherwise unreasonably disturbs other persons, a so-called “public” intoxication charge can be filed even for actions that occur in the “privacy” of one’s own home.
Consequences of an Intoxication Conviction in Ogden
It may be tempting to think that since intoxication is “only” a misdemeanor it need not be taken seriously. Some police officers may even tell the person being cited or arrested that they will “only” have to pay a fine. But the reality is that even a misdemeanor conviction can have lasting consequences and should be taken seriously.
In many Ogden intoxication cases, especially if the defendant does not have a prior record of criminal convictions, a prosecutor may not ask the court to impose jail time. But in such cases, the court will typically suspend some period of jail time and place the defendant on probation with a variety of restrictions and conditions. While a defendant in such a case may not serve additional jail time, the case will still result in a criminal conviction that could remain permanently on the defendant’s record.
The maximum potential penalty a court may impose for intoxication, a class C misdemeanor, is a jail term of up to 90 days, a fine of $750, plus an additional 90% surcharge. Additionally, a defendant under the age of 21 can face a driver license suspension – even if no vehicle was involved in the case.
