Utah DUI Charges on Private
Property
Can I be charged with DUI
in Utah if I am driving on private property?
A
DUI
charge in Utah can be filed against you whether you are driving on
a public road or highway, or are stopped in your own driveway. Utah DUI
laws apply both on public roads and on private property, and the
consequences can be serious. A first
misdemeanor
DUI can be punished with 180
days in jail and more than $1000 in fines (including surcharge).
Penalties increase for second or
subsequent DUI charges, or in cases involving accidents, or in cases
where a
child is present in the vehicle. For a third DUI in a ten-year period,
prosecutors can file a
felony
charge carrying the potential of
substantial prison time.
If you are facing DUI or other
criminal charges in Utah, the assistance of an
experienced defense
attorney can be critical. Based in Salt Lake City,
criminal defense
lawyer Stephen Howard provides legal services to clients
throughout
Utah.
Contact us now
to arrange for an confidential
consultation.
Priviate Property Exceptions under Part 5 of the Utah Traffic
Code

Utah's
DUI statutes are a part of the "traffic code" under Title 41,
Chapter 6a of the Utah Code. Section 41-6a-201 provides that the
crimes under the traffic code generally apply only to public roads. But
this section
also specifically states that Part 5 (DUI and Reckless Driving) of the
traffic code applies both upon public roads as well as "elsewhere
throughout the state." This phrase has been interpretted by Utah courts
as making the DUI and reckless driving provisions of the traffic code
applicable on both public and private property.
For most Utah traffic code violations, to be charged you must be
driving or
operating a vehicle on a public road or in a public place. But under
the "elsewhere throughout the state" exception of Section 41-6a-201,
Utah's
drunk driving laws apply without regard to whether you are on private
property. Even if you are just pulling your car from your own driveway
into your garage, an
officer may still cite you for DUI.
The crimes that come under this private property exception include:
(Note:
Utah Code 41-6a-526, prohibiting the consumption of alcohol or
possession of an
open
container of alcohol in a vehicle, is found in
Part 5 of the traffic code. But the specific provisions of this section
limit its applicability to public roads.)
Many of the offenses listed under the traffic code are not viewed as
being serious offenses, and do not count against a person's
expungement
eligibility. But the offense in Part 5 of the traffic code
involving
DUI and related offenses are often treated very seriously by
prosecutors and by judges. These offenses can also be inlcuded in a
person's official criminal history, and will considered by BCI in
determining expungement eligibility for other offenses as well.
Finding a Utah DUI Lawyer in Salt Lake City

Even a
first DUI conviction in Utah can carry stiff penalties
including jail time, substantial fines, losing your driver's
license, increased insurance costs, and more. If you are
facing DUI
or other criminal charges in Utah, an experienced
criminal
defense attorney can
make all the difference.
Based in Salt Lake City,
criminal
attorney Stephen Howard has a track record of
real success in defending
clients against some of the most serious charges on the books in Utah.
Contact us
now to schedule an initial consultation.
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