Defense of Alcohol Crimes
in Utah
Criminal Defense Attorney for Alcohol Charges in Ogden
Alcohol
laws in Utah set stiff penalties for comparatively minor
misconduct.
These
penalties
can include jail time, driver's
license suspension,
heavy fines, and more. If you find yourself facing prosecution for
alcohol-related criminal charges in Utah, it is crucial to have an
experienced Utah
criminal
defense attorney
working on your side.

Utah
criminal defense attorney Stephen Howard has literally defended
thousands of serious criminal charges ranging from
DUI
to
white
collar crime to aggravated murder. He has a proven
record
of winning real results for his clients. Mr. Howard's record includes,
not guilty
verdicts, dismissals,
plea-in-abeyance agreements, and appellate reversals. To see how he
can help in your case,
contact
us today to schedule an initial
consultation.
An Overview of Alcohol Crimes in Ogden, Utah
This page presents a
brief overview of information
related to some common alcohol-related crimes in Utah. These include
DUI
(drunk driving),
open
container laws, driving with a measurable
controlled substance or
metabolite,
public
intoxication,
minor
in
possession (MIP), selling alcohol to a minor, contributing to
the
delinquency of a minor, alcohol restricted driver violations, and
ignition interlock restriction violations.
Utah DUI or Impaired Driving
One
of the most high profile and aggressively prosecuted alcohol related
crimes in Ogden is Driving Under the Influence (DUI or DWI). A DUI
charge in
Utah is often based on alcohol impairment, but can also be based on
impairment caused by drugs (either "street"
drugs or even lawfully prescribed medications). A DUI charge begins at
the
class B misdemeanor level for a first-time offender. Enhancements
can increase the
offense level to a class A misdemeanor or third-degree felony.
Enhancements can be based on prior convictions for DUI charges,
Impaired Driving, Driving with Measurable Controlled
Substance, or Alcohol Related Reckless Driving (ARR). Other
enhancements can be based on the presence of a child in the vehicle or
on injuries caused by an accident involving DUI.
Under Utah law, the charge of "Impaired Driving" cannot be filed
against a person directly. A conviction for Impaired Driving can only
occur as the result of a negotiated resolution to a DUI or Metabolite
charge. While it is still a class B misdemeanor, an Impaired Driving
charge does not carry the same mandatory sentencing provisions
and
driver license suspension requirements that a DUI conviction carries.
Driving with Measurable Controlled Substance or Metabolite
Sometimes
considered Utah's "other" DUI, driving with a Measurable Controlled
Substance or Metabolite does not require any proof that the driver was
"under the
influence" or otherwise "impaired" by the presence of a controlled
substance in the driver's system.
Instead, the charge can be supported by evidence of a mere metabolite
of a controlled
substance in a test of the driver's blood or
urine. Penalties for a "Metabolite DUI" are similar to a DUI,
and
a
conviction for metabolite can be used for enhancement purposes in a
subsequent DUI case.
Open Container Laws in Ogden
Having
an open container of alcohol in the passenger compartment of a vehicle
can result in
criminal charges. Whether it's an open bottle of beer in
the hand of the driver or a near-empty bottle of wine in the back seat,
if the container has had its original seal broken, it cannot be
transported or placed in the passenger compartment of a vehicle. If the
trunk of the
vehicle cannot be accessed from the passenger area, an open container
of
alcohol can be carried in the trunk. However, most SUV and minivan
cargo areas can be accessed from a rear passenger
seat, therefore these areas cannot be used to transport an open
container of
alcohol.
Minor in Possession of Alcohol (MIP)
Possession
of alcohol by a minor (defined by Utah law as any person
under the age of 21 years) is a criminal offense. On top of time in
jail and fines, a minor convicted of possessing alcohol may face a
drivers license suspension.
MIP
charges can be filed against anyone under the age of 21 who either
consumes, possesses, purchases, attempts to purchase, or solicits
another person to purchase alcohol. MIP charges can also be
supported
by evidence that the person had a measurable breath, blood, or urine
alcohol concentration.
Selling or Furnishing Alcohol to a Minor in Ogden
Selling
or furnishing alcohol to a minor is a charge often filed against a
restaurant server
or store clerk who accidentally sold alcohol to a person who is under
the age of 21. Prosecutors can file the criminal charge against a
server or cashier who may have accidentally misread the customer's ID
or became distracted
during a busy time and forgot to check the customer's ID.
This
charge is not a "strict liability" offense, but instead requires proof
that the defendant was reckless in determining the person's age.
Generally speaking, this means that the prosecution must prove that the
defendant failed to request or adequately check the person's age. So,
for example, if a minor with a very convincing fake ID successfully
purchases beer from a convenience store, and if the cashier made a
reasonable inspection of that ID and was not able to determine that it
was fake, the clerk likely would be found not guilty of illegally
selling alcohol to a minor.
A charge for supplying or furnishing alcohol can also be filed against
a
person who buys alcohol on behalf of a minor, or gives a minor a drink
at home, at a party, sporting event, concert, or other event.
Utah "Public" Intoxication
A charge of
Intoxication here in Utah is often referred to as "public intoxication"
because it is commonly charged for conduct that takes place in public.
But a charge of Intoxication
can be committed in either a public place or in a "private place
where the
person unreasonably disturbs another person." The evidence must show
that the defendant was under the influence of alcohol, a controlled
substance, or another intoxicating substance. But merely being under
the influence of such a substance is not sufficient. The prosecution
must also show that the defendant was intoxicated to a degree that they
were
a danger to themselves or a danger to another person.
Contributing to the Delinquency of a Minor
The
charge of contributing to the delinquency of a minor, under Utah law,
covers a wide range of conduct. In most cases, this charge is filed
against a person who helped or encouraged a minor to commit a criminal
act that would violate either state or federal law. (Note that
unlike an MIP charge, for purposes of this statute a "minor" is a
person under the age of 18.) Helping or
encouraging a minor to commit a crime related to alcohol
would constitute a violation of this statute.
Violation of Alcohol Restricted Driver
A
person can become classified as an "alcohol restricted diver" by being
convicted
for various crimes (such as DUI, impaired driving, ignition interlock
violations, automobile homicide). Also by refusing to submit to a
chemical test for the presence of alcohol during a DUI investigation
may get a person classified as an alcohol
restricted driver.
Anyone classified as an alcohol
restricted driver may not drive or be in actual physical control of a
vehicle with any measurable or detectable amount of
alcohol in their system. A charge for violating Utah's alcohol
restricted driver rules does not require any evidence of impairment.
But the charge is still classified as a class B misdemeanor -
the
same level as a
first-time DUI offense.
Violations of Ignition Interlock
Convictions
for an assortment of alcohol-related charges can cause a person to
become an "interlock restricted driver." Under Utah law, even after the
person has completed probation for the underlying criminal
conviction, they may still be required to have an ignition
interlock device installed in any vehicle that they drive. Driving or
being in actual physical control of a vehicle without
an ignition interlock device installed and working can result in
criminal charges.
Penalties for Alcohol Crimes in Ogden
While there are some
felony-level alcohol crimes in Utah, most alcohol crimes are filed at
the misdemeanor level. But even a class B
misdemeanor is punishable by up to six months in jail.
Automobile
homicide (arising from a DUI incident involving a negligent collision
that causes the death of another person) is punishable as
either a third or second degree felony. DUI charges can also be
enhanced to the felony level based on prior convictions.
Finding a Criminal Defense Attorney in Ogden, Utah
Utah
criminal defense attorney
Stephen Howard has successfully helped
clients in thousands of
cases during his career, including some of the most
serious charges on the books in Utah. Whether you are facing a
misdemeanor or felony charge, the assistance of an experienced criminal
defense attorney is vital.
Contact
us now to see how we can help you.