Public intoxication is a misdemeanor crime in Utah that carries the potential for jail time and a criminal record that can follow you for years. While it is a relatively minor charge, the consequences are sufficiently serious that it is wise to consult with an experienced criminal defense lawyer.
Elements of a Utah Criminal Intoxication Case
While the charge is often referred to as “public” intoxication, a charge for intoxication in Utah can be based on events that occur in public or in private places. Typical cases involve allegations that the defendant was intoxicated to a degree that the defendant endangered himself or another person in a public place, or in a private place where other persons are unreasonably disturbed.
The best defense attorneys ask questions that police don’t.
In Salt Lake City, common locations involved in cases of criminal intoxication include public streets, public buildings, and private residences. The Salt Lake International Airport is another frequent location involved in intoxication cases.
Driver License Suspension
If a person under the age of 21 is convicted of intoxication in Salt Lake City, section 76-9-701 of the Utah Code provides that the court is required to suspend the defendant’s driver license. This statute does provide an exception in cases where it is the defendant’s first violation and the defendant also completes an educational series such as “Prime for Life.”
Intoxication Charges – District Court or Justice Court
The Salt Lake City Justice Court handles most misdemeanor intoxication charges for incidents occurring within the city. However, if intoxication is filed as a secondary charge in the same case as a more serious felony or class A misdemeanor charge, then all related charges will normally be handled together in the district court, pursuant to Utah’s procedural and jurisdictional laws relating to single criminal episodes.
The best attorneys understand your case involves more than just what happens in court.
