Defending Alcohol-Related Charges in Utah Courts
The Utah criminal code contains a variety of alcohol-related offenses. Many are misdemeanor offenses. But depending on the circumstances of the offense and the criminal history of the defendant, some may be charged as felonies. Depending on the charge, consequences for alcohol-related offenses in Utah can include jail or prison time, thousands of dollars in fines, and the loss of a driver’s license. Because the consequences can be serious, it is important to have an experienced Utah criminal defense attorney on your side.
Contact us today to schedule an initial consultation.
The best defense attorneys ask questions that police don’t.
Common Alcohol-Related Crimes in Utah
Public Intoxication – typically filed as a class C misdemeanor, this charge can be filed in situations where a person is intoxicated to a point that the person becomes a danger to himself/herself or another person, either in a public place or in a private place where the person unreasonably disturbs others.
Minor in Possession (MIP) – typically filed as a class B misdemeanor, this charge can be filed where a minor (a person under the age of 21 years) has possessed, consumed, purchased, attempted to purchase, or solicited another to purchase an alcoholic product, or is found to have a measurable blood, breath, or urine alcohol concentration. In addition to possible jail time and fines, a conviction for this charge in Utah can also cause you to lose your driver license.
Contributing to the Delinquency of a Minor – this class B misdemeanor charge involves allegations that an adult has encouraged a minor (under the age of 18) to commit an act that would be a misdemeanor or infraction criminal violation of either state or federal law. While it applies generally to any misdemeanor or infraction, it is sometimes charged in cases where an adult has provided alcohol to a minor child.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Providing or Furnishing Alcohol to a Minor – this charge is specifically targeted at individuals who sell, attempt to sell, furnish, or otherwise provide alcohol to individuals under the age of 21. It can apply to store clerks who fail to adequately check customer ID’s or even to an individual who lets an underage friend have a beer at a party. It is typically filed as a class B misdemeanor.
Open Container – a person can be criminally charged for keeping, carrying, possessing, or transporting an open container of alcohol in the passenger compartment of a vehicle. This charge does not apply to open containers carried in the trunk of a car.
DUI / Drunk Driving – depending on the circumstances, Utah law allows a DUI charge to be filed as a class B misdemeanor, class A misdemeanor, or even as a felony. Even a class B misdemeanor carries minimum mandatory sentencing requirements. A felony DUI charge could result in extended prison time.
Understanding your goals is the first step to developing the best defense strategy.
Impaired Driving – in some cases, a successful negotiated resolution to a DUI case can involve a plea to a reduced charge of Impaired Driving. This avoids the minimum mandatory sentencing provisions of a DUI conviction, and may allow you to keep your driver license.
Automobile Homicide – a person may be charged with a felony if, while under the influence of alcohol or drugs, negligently operates a motor vehicle and causes the death of another person.
Alcohol Restricted Driver – a person who is classified as an “alcohol restricted driver” under Utah law is guilty of a class B misdemeanor if the person operates or is under actual physical control of a vehicle with any measurable or detectable amount of alcohol in the person’s body.
“Fighting Hard” is not always the right answer. The best attorneys understand when a more strategic approach can be more effective.
Interlock Violation – a person who is classified as “interlock restricted driver” may be charged criminally for tampering with an ignition interlock device, or if the person operates or is in actual physical control of a vehicle without an ignition interlock device installed and in working order.
Find a Utah Alcohol Crimes Defense Attorney
Conviction for alcohol-related crimes in Utah can carry significant and long-lasting consequences. If you are facing criminal charges, contact us now to schedule an initial consultation.
