Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Halloween DUI Blitz - Utah Criminal Defense Attorney

The number DUI arrests on Halloween in recent years have been as high as five times the number for an average weekend in some locations in Utah. If you are driving on Halloween don't drink. And if you are drinking as a part of your Halloween festivities, don't drive.

Increased DUI Patrols

Halloween and New Year's Eve are two times that have become notorious for drinking and driving. Police departments, county sheriff's offices, and the Utah Highway Patrol can engage in increased DUI enforcement efforts during these periods when DUI is perceived to be a greater problem. These efforts can include formal administrative DUI checkpoints, more patrol officers on the road, and concentrating officer activity in locations where suspected DUI offenders may be more likely to be found (e.g., near bars, clubs, etc.)

Before getting in your car, it is important to understand some basics about Utah DUI law. Utah law imposes criminal penalties for a variety of offenses relating to driving while under the influence of either alcohol or drugs.

For a traditional "DUI" charge, the prosecution must prove either impairment due to alcohol, drugs, or a combination of alcohol and drugs, OR must prove that the driver had a blood alcohol concentration (BAC) of 0.05 or greater. (Note that as of January 1, 2019, Utah's legal limit was reduced from 0.08 to 0.05.) A traditional DUI charge based on drugs (rather than alcohol) can be based on illegal drugs or on prescription medications that have been legally dispensed to, administered to, or taken by the driver. In cases involving only medications that are lawfully prescribed to the driver, the prosecutor will have to prove that the medications actually impaired the driver's ability to safely operate the vehicle.

Utah law also creates a separate DUI-type offense for individuals driving a vehicle with any measurable amount of a controlled substance or controlled substance metabolite that has not been lawfully prescribed to the driver. This offense is often referred to as a DUI-metabolite charge. It does not require any proof of impairment. Even if the drugs were taken days ago and no longer have any effect on the driver's mental state or ability to safely operate a vehicle, the charge may still be prosecuted.

Utah DUI law also covers more than just "driving" a vehicle. DUI laws in Utah cover both the actual "driving" of the vehicle as well as cases where the defendant was only in "actual physical control" of the vehicle. Charges for "actual physical control" are common where a defendant has fallen asleep (referred to as "passed out" in most police reports) in the driver's seat of the vehicle.

A person who realizes that he or she is intoxicated to the point that they should not drive may be tempted to sit in the car and "sleep it off." But doing so creates the risk that police may believe the person to be "passed out behind the wheel." This can lead to a DUI charge for being in "actual physical control." It is much safer (and more comfortable) to "sleep it off" somewhere other than the vehicle.

Finding a DUI Defense Lawyer in Utah

DUI Attorney in Davis and Weber CountyIf you are facing criminal prosecution for DUI or other crimes in Utah, the assistance an experienced criminal defense lawyer is critical. Contact us today to arrange for an initial confidential consultation with Utah criminal attorney Stephen Howard.
RELATED CRIMINAL DEFENSE TOPICS



Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.