Stephen Howard - Criminal Defense Attorney

Mr. Howard will soon be joining Stone River Law.

Main Criminal Defense Navigation

  • Canyons Home
  • Defense Strategy
  • How We Can Help
    • Felony Defense
    • Misdemeanors
    • Jury Trials
    • Appeals
    • District Courts
    • Justice Courts
    • 402 Reductions
    • Pardon
    • Expungements
  • Your Defense Team
  • Contact Information

Criminal Defense Firm in Utah

Criminal Defense Attorneys
Serving Clients Statewide

Criminal Defense Law for Mobile Header

  • Criminal Defense
  • Contact Information
Home » Posts Archive » Public Intoxication Defense in Ogden

Public Intoxication Defense in Ogden

May 19, 2023 By Stephen Howard


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.


Filed Under: Posts Archive

Related….

  • Unreasonable Search and Seizure
    Unreasonable Search and Seizure
    Fourth Amendment Suppression Issues in UtahThe touchstone of Fourth Amendment case law is the concept of "reasonableness." The United States Constitution's Bill of Rights provides protections against "unreasonable searches and seizures." But society's standards of reasonableness are constantly changing and evolving. Things that today are accepted as normal were once not tolerated; and things that we no longer tolerate were once seen as normal. Many of these societal changes are good. But we must, from time to time, stop to evaluate and assess how our society has changed and what kind of police and government conduct we are willing to…
  • Hiring an Attorney - Utah Criminal Defense
    Hiring an Attorney - Utah Criminal Defense
    Do I need to hire a lawyer for a Davis County criminal case? From time to time I receive calls from individuals who have gone to court on their own, representing themselves on criminal charges without hiring a criminal defense lawyer. While this sometimes works out well, it carries a real risk of turning into a disaster. Too often, these people are calling to see what I can do to fix the problem they have created. Below is a recent example of a common mistake people can make in representing themselves. (All identifying information has been removed to ensure confidentiality.)…
  • Alcohol-Related Criminal Defense in Ogden
    Alcohol-Related Criminal Defense in Ogden
    Alcohol laws in Utah set stiff penalties for comparatively minor misconduct. These penalties can include jail time, driver's license suspension, heavy fines, and more. If you find yourself facing prosecution for alcohol-related criminal charges in Utah, it is crucial to have an experienced Utah criminal defense attorney working on your side. An Overview of Alcohol Crimes in Ogden This page presents a brief overview of information related to some common alcohol-related crimes in Utah. These include DUI (drunk driving), open container laws, driving with a measurable controlled substance or metabolite, public intoxication, minor in possession (MIP), selling alcohol to a…

Call a Utah Attorney

Call a Criminal Defense Attorney in Utah


Find Utah Criminal Law Help

Paragraph Spacer

For the People – For Attorneys

Attorney Protect Rights of the People

Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.

For Criminal Defense Attorneys in Utah - Information

The "For Attorneys" section provides tips and articles from the Canyons team intended to assist Utah defense attorneys improve their knowledge base and hone the skills needed to successfully represent clients facing criminal prosecution. These materials must be considered in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

Contact Form 7




    CONTACT US

    Case Results – Select Victories in Utah Criminal Defense

    Victories in Utah Criminal Defense Cases

    Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

    Client charged with felony insurance fraud after claiming work-related injury prevented him from returning to work. Insurance investigators obtained video that included client kicking soccer ball in his yard. Government allegations of fraud were rebutted by medical records and prior administrative adjudications. Client’s job required heavy lifting. The claimed injury did not prevent him from kicking a ball but did prevent him from lifting. Prosecutor conceded error and voluntarily dismissed the case.

    Client faced first-degree felony charges for selling drugs to undercover police officer. Mitigating evidence gathered by defense relating to client’s youth, family support, treatment options, and lack of prior history was pivotal in convincing prosecutor to allow an abeyance agreement to a single misdemeanor count. Case was ultimately dismissed.

    • Felonies
    • Misdemeanors
    • District Courts
    • Justice Courts

    Constitutional – Utah Defense Attorneys

    Fifth Amendment Miranda RIghts

    Constitutional Rights

    P Spacer

    • Team Strategy
    • Jury Trials
    • Appeals
    • Expungements

    Constitutional Rights Legal Education

    Criminal Defense Attorneys Utah - Constitutional Rights

    Fifth Amendment Miranda RIghts


    Search for Utah Criminal Law Information

    Contact Information for Utah Criminal Defense Lawyers

    Canyons Law Group, LLC
    Offices in Salt Lake and Davis Counties
    Serving Clients Statewide

    952 South Main St., Suite A
    Layton, UT 84041

    560 South 300 East, Suite 200
    Salt Lake City, UT 84111

    801-449-1409

    Utah Criminal Defense Locations

    Serving Northern Utah and the Wasatch Front
    Salt Lake, Davis, Weber, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties

    Serving Central and Southern Utah
    Washington, Iron, Kane, Sevier, Sanpete, Juab, and Carbon Counties

    Make Online Payment

    Payments for Utah Attorneys
    Criminal Defense Page Archve
    Sitemap

    Copyright © 2010–2023 · Canyons Law Group, LLC · Stephen W. Howard, PC

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.