Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
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

Can I be charged with DUI in Utah if I blow under the legal limit?

The legal limit for blood or breath alcohol content while driving in Utah is .08. But you may still be charged for DUI even if you blow under the legal limit, and even if you have no alcohol in your system.

If you are facing criminal charges for DUI in Utah, it is vital to have the assistance of an experienced criminal defense attorney. Some of the consequences of a DUI charge in Utah can be imposed against you even before your first court date.

Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.

Traditional DUI Charges in Utah

Salt Lake DUI Defense LawyerUnder Utah criminal law, a DUI can be charged if you are over the legal limit, or if you have alcohol, drugs, or a combination of alcohol and drugs in your system at a level that makes you incapable of safely operating a vehicle. While most often you will not be charged with DUI in Utah if you are under the legal limit of .08, if police or prosecutors believe that a lower level of alcohol was preventing you from driving safely, you can still be charged.

Of course, just being charged with DUI is different from being guilty or convicted of DUI. If your blood or breath alcohol level was below the legal limit, the prosecutor will have to present evidence that you impaired by either alcohol, drugs, or a combination of alcohol and drugs - to a point that you were not able to safely operate your vehicle.

It is not sufficient for a prosecutor to simply show that you committed traffic violations or were driving recklessly. To obtain a DUI conviction on a person who was under the legal limit, the prosecutor will have to show a connection between the unsafe driving and any alcohol that had been consumed.

Utah Controlled Substance or Metabolite DUI

Utah law also provides another avenue for prosecutors to seeks a "DUI" conviction when a person is below the legal limit for alcohol. Using what is commonly referred to as a "metabolite DUI" charge, prosecutors may be able to obtain a conviction when a person is below the legal limit for alcohol and shows no signs of impairment.

Utah's DUI metabolite law does not require any proof of driving impairment. The charge is based on the presence of either a controlled substance or a controlled substance metabolite as detected by a test of the driver's blood or urine. But unlike a traditional DUI charge (requiring proof of impairment), a conviction for metabolite cannot be based solely on the presence of a controlled substance metabolite or controlled substance for which the driver has a valid prescription.

Finding a Utah Criminal Attorney in Salt Lake City

Salt Lake Defense AttorneyIf you are facing DUI or other criminal charges in Utah, you should speak with an experienced Utah criminal defense lawyer.  Based in Salt Lake City, Stephen Howard has handled literally thousands of serious criminal cases - more than most Utah attorneys will handle in their entire careers.  His track record includes not guilty verdicts and dismissals for some of the most serious charges on the books in Utah.

Contact us now to schedule an initial consultation.


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 Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • 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 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 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

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

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.