Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney 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.

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 Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Attorney Salt Lake Davis 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 Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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.